Erceg v Volonakis

The appeal concerned a dispute over two undocumented loans made by the respondents to the appellant and her now-estranged husband. The primary judge had found that the appellant had authorised her husband to jointly borrow the funds from the respondents. The appellant appealed this finding, and also challenged the primary judge's decision regarding the rate of pre-judgment interest.

The Court of Appeal was required to determine whether the primary judge erred in finding that the appellant had authorised her husband to borrow the loan funds on her behalf. Additionally, the Court had to consider whether the appellant was liable to pay interest on the loans at the rate of 48% per annum, as determined by the primary judge.

The Court of Appeal dismissed the appeal, finding no error in the primary judge's conclusion that the appellant had authorised her husband to borrow the funds. The Court also dismissed the cross-appeal concerning the rate of pre-judgment interest. The appeal and cross-appeal were dismissed with costs.