Hadid v Redpath
Case
•
[2002] NSWCA 16
•11 February 2002
Details
AGLC
Case
Decision Date
Bylander v Multilink [2002] NSWCA 16
[2002] NSWCA 16
11 February 2002
CaseChat Overview and Summary
The appeal concerned a decision made by a judge of the Supreme Court of New South Wales in short form under section 45(4) of the *Supreme Court Act 1970* (NSW). The parties involved were Hadid and Redpath.
The primary legal issue before the Court of Appeal was whether there was any appealable error in the primary judge's decision. This involved considering the principles applicable when a trial judge's findings are substantially based on the credibility of witnesses, and whether the oral submissions of further grounds of appeal, which were not properly pleaded or articulated in the grounds of appeal, could be considered.
The Court of Appeal found no appealable error in the primary judge's decision. The Court applied the established principles regarding appeals from findings of fact based on credibility, noting that such findings are afforded significant weight and will not be disturbed unless demonstrably wrong. The Court also held that oral submissions for further grounds of appeal, which had not been properly pleaded or articulated, could not be entertained.
The appeal was dismissed with costs.
The primary legal issue before the Court of Appeal was whether there was any appealable error in the primary judge's decision. This involved considering the principles applicable when a trial judge's findings are substantially based on the credibility of witnesses, and whether the oral submissions of further grounds of appeal, which were not properly pleaded or articulated in the grounds of appeal, could be considered.
The Court of Appeal found no appealable error in the primary judge's decision. The Court applied the established principles regarding appeals from findings of fact based on credibility, noting that such findings are afforded significant weight and will not be disturbed unless demonstrably wrong. The Court also held that oral submissions for further grounds of appeal, which had not been properly pleaded or articulated, could not be entertained.
The appeal was dismissed with costs.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
Legal Concepts
-
Appeal
-
Costs
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Bylander v Multilink [2002] NSWCA 16
Most Recent Citation
Chiles & Petrenko [2024] FedCFamC1A 112
Cases Citing This Decision
3
Monie v the Commonwealth
[2005] NSWCA 25
M & M
[2006] FamCA 868
Chiles & Petrenko
[2024] FedCFamC1A 112
Cases Cited
5
Statutory Material Cited
1
Damberg v Damberg
[2001] NSWCA 87
Rosenberg v Percival
[2001] HCA 18
Dearman v Dearman
[1908] HCA 84