Antov v Bokan (No 2)
Case
•
[2019] NSWCA 250
•18 October 2019
Details
AGLC
Case
Decision Date
Antov v Bokan (No 2) [2019] NSWCA 250
[2019] NSWCA 250
18 October 2019
CaseChat Overview and Summary
The appeal concerned a claim in promissory estoppel brought by the appellant, Antov, against the respondent, Bokan. The appellant alleged that representations made in two documents formed the basis of his promissory estoppel claim. The primary judge had found that one of these documents was not authentic, which was a central point of contention on appeal. The appeal was heard by Bathurst CJ, Bell P, and Payne JA.
The court was required to determine two principal legal issues. Firstly, whether the primary judge erred in finding that one of the documents relied upon by the appellant was not authentic. Secondly, the court considered whether the primary judge had erred in refusing to permit evidence to be given via video link.
In relation to the authenticity of the document, the Court of Appeal found no error in the primary judge's determination. The court did not identify any issue of principle arising from this finding. Regarding the refusal to permit video link evidence, the judgment does not elaborate on the specific reasoning or legal principles applied by the primary judge or the Court of Appeal in this regard, other than stating that no error was found.
The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.
The court was required to determine two principal legal issues. Firstly, whether the primary judge erred in finding that one of the documents relied upon by the appellant was not authentic. Secondly, the court considered whether the primary judge had erred in refusing to permit evidence to be given via video link.
In relation to the authenticity of the document, the Court of Appeal found no error in the primary judge's determination. The court did not identify any issue of principle arising from this finding. Regarding the refusal to permit video link evidence, the judgment does not elaborate on the specific reasoning or legal principles applied by the primary judge or the Court of Appeal in this regard, other than stating that no error was found.
The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Contract Law
Legal Concepts
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Appeal
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Estoppel
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Costs
Actions
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Citations
Antov v Bokan (No 2) [2019] NSWCA 250
Most Recent Citation
ACN 117 641 004 Pty Ltd (in liq) v S&P Global, Inc (No 5) [2025] FCA 687
Cases Citing This Decision
36
Antov v Bokan (No 3)
[2019] NSWCA 265
AMP Ltd v Chubb Insurance Australia Ltd (No 2) (evidence by AVL)
[2025] NSWSC 789
AMP Ltd v Chubb Insurance Australia Ltd (No 2) (evidence by AVL)
[2025] NSWSC 789
Cases Cited
8
Statutory Material Cited
2
Minister for Immigration and Citizenship v Li
[2013] HCA 18
ASIC v Rich
[2004] NSWSC 467
Commissioner of Taxation v Oswal (No 5)
[2015] FCA 1504