Edward Joseph VELLA v Chizuko SUGITA
Case
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[2002] NSWCA 33
•15 February 2002
Details
AGLC
Case
Decision Date
Edward Joseph VELLA v Chizuko SUGITA [2002] NSWCA 33
[2002] NSWCA 33
15 February 2002
CaseChat Overview and Summary
Edward Joseph Vella appealed against a verdict and judgment entered in favour of Chizuko Sugita in the court below. The precise nature of the dispute is not detailed in the provided text, but the outcome indicates it involved a monetary claim.
The central legal issues before the appellate court were whether the verdict and judgment of the lower court were correct, and whether a substituted verdict and judgment should be entered. The court was also required to determine the appropriate orders regarding costs and the entitlement to a certificate under the Suitor's Funds Act.
The appellate court upheld the appeal, setting aside the original verdict and judgment. It substituted a new verdict and judgment in favour of the respondent, Chizuko Sugita, for the sum of $224,707.00. The court ordered that the respondent pay the appellant's costs of both the appeal and the cross-appeal, and that the respondent be entitled to a Certificate under the Suitor's Funds Act, provided they otherwise met the statutory requirements. The cross-appeal was dismissed.
The central legal issues before the appellate court were whether the verdict and judgment of the lower court were correct, and whether a substituted verdict and judgment should be entered. The court was also required to determine the appropriate orders regarding costs and the entitlement to a certificate under the Suitor's Funds Act.
The appellate court upheld the appeal, setting aside the original verdict and judgment. It substituted a new verdict and judgment in favour of the respondent, Chizuko Sugita, for the sum of $224,707.00. The court ordered that the respondent pay the appellant's costs of both the appeal and the cross-appeal, and that the respondent be entitled to a Certificate under the Suitor's Funds Act, provided they otherwise met the statutory requirements. The cross-appeal was dismissed.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Negligence & Tort
Legal Concepts
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Appeal
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Damages
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Costs
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Remedies
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Cases Citing This Decision
0
Cases Cited
1
Statutory Material Cited
1
Malec v JC Hutton Pty Ltd
[1990] HCA 20
Malec v JC Hutton Pty Ltd
[1990] HCA 20