[2015] NSWCA 192

Neville v Lam

(1) Time within which to file a notice of appeal is extended until 5 September 2014. (2) The appeal is dismissed. (3) The appellant is to pay the respondent's costs of the appeal.

Catchwords

APPEAL – appellant unrepresented – no issue of principle – no error in fact finding revealed – short form reasons

Legislation cited

Supreme Court Act 1970 (NSW), § 45(4).

Judgment

[1]
THE COURT: The Court has had an opportunity before coming on to the bench this morning to read the written submissions which have been prepared by counsel previously briefed for the appellant and the written submissions for the respondent. In the circumstances where the appellant appears without representation this morning, no further matters have been raised for the consideration of the Court.
[2]
The liability of the respondent turned on a finding of fact as to what he said to the appellant. The trial judge was not satisfied on the evidence as to an essential factual element of the appellant’s case. Having considered the grounds of appeal and the matters presented by way of written submissions, the Court is satisfied that the grounds of appeal have not been made out, and that the result reached by the trial judge was correct for the reasons he gave. The appeal raises no question of general principle. [1]
[3]
For those reasons the Court makes the following orders: