Trent v Bolton [2020] NSWCA 268

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Trent v Bolton [2020] NSWCA 268 Hearing dates: 20 October 2020 Date of orders: 20 October 2020 Decision date: 26 October 2020 Before: Basten JA at [1]; Macfarlan JA at [2]; Simpson AJA at [23] Decision: (1) Refuse the application for leave to appeal from the judgment of the District Court. (2) Order that the applicants pay the respondents' disbursements incurred in this Court. Catchwords: APPEALS – leave to appeal – assertion that primary judge erroneously relied on affidavits verifying pleadings as evidence – trial conducted with a "level of informality" and involved self-represented parties – findings of fact open to judge – no question of principle warranting a grant of leave GUARANTEE AND INDEMNITY – rights of guarantor to contribution from co-guarantors – whether payments by guarantor to principal debtor made under guarantee or as a loan to principal debtor – Mahoney v McManus (1981) 180 CLR 370 – primary judge's findings of fact capable of supporting his conclusion Legislation Cited: Supreme Court Act 1970 (NSW), s 101 Cases Cited: Dare v Pulham (1982) 148 CLR 658; [1982] HCA 70 Delaney v Winn [2015] NSWCA 124 Lavin v Toppi (2015) 254 CLR 459; [2015] HCA 4 Mahoney v McManus (1981) 180 CLR 370; [1981] HCA 54 Category: Principal judgment Parties: Bradley Trent (First Applicant) Eraina Trent (Second Applicant) Kenneth Bolton (First Respondent) Pauline Shumack (Second Respondent) Representation: Counsel: D C Price (Applicants) Self-represented by Ms Shumack (Respondents)