Miles v Amos [2021] NSWCA 210

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Miles v Amos [2021] NSWCA 210 Hearing dates: 24 August 2021 Decision date: 10 September 2021 Before: Meagher JA at [1]; Leeming JA at [2]; Brereton JA at [74]. Decision: 1. Appeal dismissed with costs. 2. Discharge the stay ordered on 9 February 2021 of order 2 made on 3 February 2021. Catchwords: DEEDS – execution – whether defendant signed deed – creditor and witness testified that defendant signed deed – defendant testified that she did not sign deed – uncontradicted expert evidence that defendant's signature was not authentic – primary judge dismissed proceedings on basis of not being persuaded that debtor had signed deed – whether conclusion disclosed appellable error – appeal dismissed Legislation Cited: Uniform Civil Procedure Rules, rr 31.23, 36.16, Sch 7 Cases Cited: ACES Sogutlu Holdings Pty Ltd (in liq) v Commonwealth Bank of Australia (2014) 89 NSWLR 209; [2014] NSWCA 402 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Lee v Lee (2019) 266 CLR 192; [2019] HCA 28 Miles v Amos [2021] NSWSC 38 Category: Principal judgment Parties: Phillip Jacob Miles (Appellant) Catherine Gonzales Amos (Respondent) Representation: Counsel: Appellant (self-represented) P Folino-Gallo (Respondent)

Solicitors: Coleman Greig Lawyers (Respondent) File Number(s): 2021/00035934 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Citation: [2021] NSWSC 38 Date of Decision: 3 February 2021 Before: Hallen J File Number(s): 2018/00185934