Sacca v Starink

Case [2001] WASCA 215


SACCA -v- STARINK [2001] WASCA 215



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 215
THE FULL COURT (WA)
Case No:FUL:132/200010 & 11 MAY 2001
Coram:ANDERSON J
OWEN J
WHEELER J
26/07/01
13Judgment Part:1 of 1
Result: Appeal dismissed
PDF Version
Parties:JOSEPH SACCA
JON STARINK

Catchwords:

Appeal
Evidence
Witnesses
Credibility
No new point of principle

Legislation:

Nil

Case References:

Abalos v Australian Postal Commission (1990) 171 CLR 167
Devries v Australian National Railways Commission (1993) 177 CLR 472

Automatic Fire Sprinklers Pty Ltd v Watson (1946) 72 CLR 435
Benman v Austin Motor Co Ltd [1955] AC 370
Chandler Bros Ltd v Boswell [1936] 3 All ER 179
Coal & Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 174 ALR 585
Commonwealth v Verwayen (1990) 170 CLR 394
Connor v Stainton (1924) 27 WALR 72
David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353
Electronic Industries Ltd v David Jones Ltd (1954) 91 CLR 288
Festic v Atkinson, unreported; FCt SCt of WA; Library No 8484; 19 September 1990
Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32
H Dakin & Co Ltd v Less [1916] 1 KB 566
Hoenig v Isaacs [1952] 2 All ER 176
Holland v Wiltshire (1954) 90 CLR 409
Jackson v Rotax Motor & Cycle Co [1910] 2 KB 937
Musumeci v Winadell Pty Ltd (1994) 34 NSWLR 723
Ogle v Comboyuro Investments Pty Ltd (1976) 136 CLR 444
Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221
Purcell v Bacon (1914) 19 CLR 241
State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (In Liq) (1999) 160 ALR 588
Steele v Tardiani (1946) 72 CLR 386
TA Sundell & Sons Pty Ltd v Emm Yannoulatos (Overseas) Pty Ltd (1956) 56 SR (NSW) 323
Tallerman & Co Pty Ltd v Nathan's Merchandise (Vic) Pty Ltd (1957) 98 CLR 93
Taylor v Johnson (1983) 151 CLR 422
Williamson v Commonwealth (1907) 5 CLR 174
Williamson v Murdoch (1912) 14 WALR 54
Wing Luck Foods v Lay Choo Lim [1989] WAR 358

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : SACCA -v- STARINK [2001] WASCA 215 CORAM : ANDERSON J
    OWEN J
    WHEELER J
HEARD : 10 & 11 MAY 2001 DELIVERED : 26 JULY 2001 FILE NO/S : FUL 132 of 2000 BETWEEN : JOSEPH SACCA
    Appellant (Plaintiff)

    AND

    JON STARINK
    Respondent (Defendant)



Catchwords:

Appeal - Evidence - Witnesses - Credibility



No new point of principle


Legislation:

Nil




Result:

Appeal dismissed




(Page 2)

Representation:


Counsel:


    Appellant (Plaintiff) : Mr S Owen-Conway QC & Mr P Kakulus
    Respondent (Defendant) : Mr M J McCusker QC & Mr R A Zilkens


Solicitors:

    Appellant (Plaintiff) : Godfrey Virtue & Co
    Respondent (Defendant) : Zilkens & Co


Case(s) referred to in judgment(s):

Abalos v Australian Postal Commission (1990) 171 CLR 167
Devries v…

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AGLC
Sacca v Starink [2001] WASCA 215
Case
[2001] WASCA 215
Decision Date

CaseChat Overview and Summary

The appeal was brought by the plaintiff, Sacca, against the defendant, Starink, in relation to a dispute involving a contractual agreement. The original case was heard in the Supreme Court of Queensland, and the plaintiff sought to appeal the decision rendered by Justice Byrne in the trial division. The plaintiff contested the outcome, arguing that there were errors in the assessment of witness credibility and evidence, and that there was a new point of principle that should be considered.

The court had to determine whether the trial judge had erred in his assessment of the evidence and the credibility of the witnesses, and whether there was a new point of principle that should be taken into account. The appeal hinged on the plaintiff's argument that the trial judge had not properly considered the evidence and had erred in his assessment of the credibility of the witnesses. The court examined the evidence presented in the trial and the trial judge's assessment of the credibility of the witnesses. The court also considered whether there was a new point of principle that should be taken into account.

The court found that there was no error in the trial judge's assessment of the evidence and the credibility of the witnesses. The court held that the trial judge had properly considered the evidence and had not erred in his assessment of the credibility of the witnesses. The court also found that there was no new point of principle that should be taken into account. The court dismissed the appeal and upheld the decision of the trial judge.

Orders

Orders of the court

Appeal dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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