Edser v Bablis

[2001] NSWCA 320

NEW SOUTH WALES COURT OF APPEAL

CITATION:      EDSER v BABLIS [2001]  NSWCA 320

FILE NUMBER(S):
40578/00

HEARING DATE(S):            12 September 2001

JUDGMENT DATE: 12/09/2001

PARTIES:
Deborah Anne Edser - Appellant
Peter Bablis - Respondent

JUDGMENT OF:      Sheller JA Beazley JA Sperling J   

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S):        5631/98

LOWER COURT JUDICIAL OFFICER:     Gamble ADCJ

COUNSEL:
B J Gross QC/D Andrews - Appellant
M Scott - Respondent

SOLICITORS:
Lynne Booth & Associates - Appellant
Sparke Helmore - Respondent

CATCHWORDS:
N/A

LEGISLATION CITED:
Supreme Court Act 1970

DECISION:
Appeal dismissed with costs.

JUDGMENT:

IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

CA 40578/00

DC 5631/98

SHELLER JA
BEAZLEY JA
SPERLING J

Wednesday, 12 September 2001

Edser v Bablis

Judgment

1. Sheller JA:  This is an appeal from two judgments given by her Honour, Acting Judge Gamble, the first on 28 June 2000 and the second on 21 July 2000.

2. The appeal is dismissed and the Court is of the unanimous opinion that the appeal does not raise any question of general principle. Pursuant to s45(4) of the Supreme Court Act 1970, the reasons in short form are as follows:

   The Court is not persuaded that any errors have been demonstrated in her Honour’s reasons for judgment.  In the Court’s opinion the findings of fact that her Honour made, which in part depended on credit, were open to her and involved no error of reasoning.

3. As I have said, the order of the Court is that the appeal is dismissed with costs.

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LAST UPDATED:            13/09/2001