CITATION: Damjanovic v York Agencies Pty Ltd & Ors [2003] NSWCA 222 HEARING DATE(S): 7/08/03 JUDGMENT DATE:
10 September 2003JUDGMENT OF: Meagher JA at 1; Beazley JA at 2; James J at 3 DECISION: Appeal dismissed with costs CATCHWORDS: Appeal from findings of fact by trial judge - ND LEGISLATION CITED: Bankruptcy Act 1966 (C'th), s153(1) & (2)
District Court Rules, PtIIA r 3
Evidence Act 1995, s140(2)CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336
Damjanovic v Maley (2002) 55 NSWLR 149
Damjanovic v Sharpe Hume & Co (CA 23/11/01)
Fox v Percy (2003) 77 ALJR 989PARTIES :
Mojmir Damjanovic (Appellant)
York Agencies Py Ltd
Sharpe Hume & Co (Services) Pty Ltd
Peter William Rosier
Jeffrey James Meads
Frank Bronco Zobec
Ivan Spehar
Zelka Spehar (Respondents)FILE NUMBER(S): CA 41124/02 COUNSEL: In Person - Appellant
P Rosier, solicitor (1,3,5-7) N Gye (2 and 4) - RespondentsSOLICITORS: In Person - Appellant
Rosier Partners - Respondents
LOWER COURTJURISDICTION: District Court LOWER COURT FILE NUMBER(S): 2408/00; 2409/00; 2410/00; 4293/00; 3930/99 LOWER COURT
JUDICIAL OFFICER :Sorby DCJ
41124/02
Wednesday 10 September 2003MEAGHER JA
BEAZLEY JA
JAMES J
1 MEAGHER JA: I agree with James J.
2 BEAZLEY JA: I agree with James J.
3 JAMES J: This is an appeal by Mojmir Damjanovic from a decision of his Honour Judge Sorby given in the District Court on 8 November 2002 in five actions in the District Court, all of which had been brought by Mr Damjanovic as the plaintiff. The five District Court actions were commenced in the Parramatta District Court but were later transferred to the Sydney District Court and it will be convenient to refer to them by the court numbers they were allocated upon being transferred to the Sydney District Court.
4 The respondents to the appeal are the parties who were the defendants in the five District Court actions. The first respondent York Agencies Pty Ltd, an investment company, was the defendant in action No. 2408/00. The second respondent Sharpe Hume & Co (Services) Pty Ltd, a company providing accountancy services, was the defendant in action No. 2409/00. The third respondent Peter William Rosier, a solicitor, and the fourth respondent Jeffrey James Meads and the fifth respondent Frank Bronco Zobec, both of whom were associated with the second respondent, were the defendants in action No. 2410/00. The sixth respondent Ivan Spehar was the defendant in action No. 4293/00 and the seventh respondent his wife Zelka Spehar was the defendant in action No. 3930/99. On the hearing of the appeal Mr Gye of counsel appeared for the second and fourth respondents and Mr Rosier solicitor appeared for himself and for the first, fifth, sixth and seventh respondents.
5 Mr Damjanovic was not legally represented either at the hearing before Judge Sorby or on this appeal. In the District Court Judge Sorby gave leave to Ms Ena Vukic, who has no legal…
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- Case
- [2003] NSWCA 222
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the appellate court was whether the trial judge's findings of fact were demonstrably wrong or unsupported by the evidence presented at trial. This involved a review of the factual determinations made at first instance to ascertain if they met the threshold for appellate intervention.
The court's reasoning, as indicated by the outcome, suggests that the findings of fact made by the trial judge were upheld. This implies that the appellate judges found no sufficient error in the trial judge's assessment of the evidence or application of legal principles to those facts. The appeal was ultimately dismissed, with costs awarded to the respondent.
Orders
Orders of the court
Appeal dismissed with costs
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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