Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Dogra v Dogra (No 4) [2024] NSWCA 259 Hearing dates: 16 September 2024 Date of orders: 31 October 2024 Decision date: 31 October 2024 Before: Bell CJ at [1];
Ward P at [2];
Payne JA at [3]Decision: (1) Appeal dismissed;
(2) Appellant (Aruna) and second respondent (Kapil) to pay the first respondent’s (Mamta’s) costs of the appeal;
(3) Cross-appeal dismissed;
(4) Cross-appellant (Kapil) to pay the second cross-respondent’s (Mamta’s) costs of the cross-appeal;
(5) There be no order for costs of the appeal or the cross-appeal as between the appellant and first cross-respondent (Aruna) and the cross-appellant and second respondent (Kapil).
Catchwords: REAL PROPERTY — Claim to beneficial interest in land registered under the Real Property Act 1900 NSW — where primary judge made extensive credit findings — where documentary evidence inconsistent with alleged entitlement — whether primary judge entitled to draw Jones v Dunkel inference — where parties financially interdependent
EVIDENCE — Credibility evidence — Cross-examination — collateral issue — where primary judge refused cross-examination — whether collateral issue substantially affected credit
APPEALS — From finding of fact — Admission of further evidence — Evidence not available at hearing — informal applications — application refused
Legislation Cited: Civil Procedure Act 2005 (NSW) s 56
Evidence Act 1995 (NSW) ss 102, 103
Real Property Act 1900 (NSW)
Cases Cited: Browne v Dunn (1894) 6 R 67
Crackin’ Snack Pty Ltd v Gameking Australia Pty Ltd [2024] NSWCA 182
Dogra v Dogra [2023] NSWSC 1642
Fox v Percy (2003) 214 CLR 118; [2003] HCA 22
Ghosh v Medical Council of NSW [2020] NSWCA 122
Goodrich Aerospace Pty Ltd v Arsic (2006) 66 NSWLR 186; [2006] NSWCA 187
Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361; [2011] HCA 11
Category: Principal judgment Parties: Aruna Dogra (appellant/first cross-respondent)
Mamta Dogra (first respondent/second cross-respondent)
Kapil Dogra (second respondent/cross-appellant)Representation: Counsel:
Solicitors:
C D Freeman (appellant/first cross-respondent)
D O’Dea (first respondent/second cross-respondent)
S Golledge SC (second respondent/cross-appellant)
Goodwin and Co. Lawyers (appellant/ first cross-respondent) (notice of ceasing to act filed 25 October 2024)
O’Dea Lawyers (first respondent/second cross-respondent)
J.P. Capsanis and Co. Lawyers (second respondent/cross-appellant)
File Number(s): 2024/8811 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Equity
- Citation:
- Date of Decision:
- 21 December 2023
- Before:
- Lindsay J
- File Number(s):
- 2021/151823
HEADNOTE
[This headnote is not to be read as part of the judgment]
The first respondent, Ms Mamta Dogra and her former husband, the second respondent/cross-appellant, Mr Kapil Dogra are the registered proprietors of a house in Hurstville (“the Hurstville Property”). The appellant, Ms Aruna Dogra, is Mr Kapil Dogra’s…
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- AGLC
- Dogra v Dogra (No 4) [2024] NSWCA 259
- Case
- [2024] NSWCA 259
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court of Appeal included whether the primary judge erred in refusing to allow cross-examination on a collateral issue that was argued to substantially affect the credit of a witness. The court also considered an informal application to admit further evidence on appeal, which was refused on the basis that the evidence was not available at the original hearing.
The Court of Appeal dismissed the appeal, finding that the primary judge was entitled to make the credit findings and draw the *Jones v Dunkel* inference given the inconsistencies in the evidence. The court also upheld the refusal to permit cross-examination on the collateral issue, concluding it would not have substantially affected the witness's credit. The application to admit further evidence was refused as it did not meet the criteria for admitting fresh evidence on appeal. The cross-appeal was also dismissed.
Orders
Orders of the court
(1) Appeal dismissed;
(2) Appellant (Aruna) and second respondent (Kapil) to pay the first respondent’s (Mamta’s) costs of the appeal;
(3) Cross-appeal dismissed;
(4) Cross-appellant (Kapil) to pay the second cross-respondent’s (Mamta’s) costs of the cross-appeal;
(5) There be no order for costs of the appeal or the cross-appeal as between the appellant and first cross-respondent (Aruna) and the cross-appellant and second respondent (Kapil).
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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