Glover v Kaji Australia Pty Limited

The appellant, Mr. Glover, brought proceedings against Kaji Australia Pty Limited and others, alleging a fraudulent conspiracy to induce him to obtain a short-term loan that he was unable to repay. The case proceeded to the Court of Appeal of New South Wales, with Bathurst CJ, Macfarlan and White JJA presiding.

The central legal issue before the Court of Appeal was whether the primary judge had erred in finding that the appellant had failed to prove his allegations of fraudulent conspiracy. The appellant contended that the evidence, which was entirely circumstantial, was sufficient to establish the conspiracy.

The Court of Appeal affirmed the primary judge's findings, holding that the matters relied upon by the appellant fell well short of proving the allegations to the requisite standard of proof, which requires a high degree of satisfaction in civil cases involving fraud, as per *Briginshaw v Briginshaw*. The primary judge's findings were based on credit assessments of witnesses, and the Court of Appeal found no error in those assessments.

Consequently, the appeal was dismissed with costs, and the existing stay on execution and the issue of a writ of possession were discharged.