EDSER v BABLIS [2001] NSWCA 320

New South Wales Court of Appeal

CITATION : EDSER v BABLIS [2001] NSWCA 320 FILE NUMBER(S) : CA 40578/00 HEARING DATE(S) : 12 September 2001 JUDGMENT DATE : 12 September 2001

PARTIES : Deborah Anne Edser - Appellant Peter Bablis - Respondent JUDGMENT OF : Sheller JA; Beazley JA; Sperling J

LOWER COURT JURISDICTION : District Court LOWER COURT 5631/98 FILE NUMBER(S) : LOWER COURT Gamble ADCJ JUDICIAL OFFICER :

COUNSEL : B J Gross QC/D Andrews - Appellant M Scott - Respondent SOLICITORS : Lynne Booth & Associates - Appellant Sparke Helmore - Respondent CATCHWORDS : N/A LEGISLATION CITED : Supreme Court Act 1970 CASES CITED: N/A DECISION : Appeal dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40578/00 DC 5631/98 SHELLER JA BEAZLEY JA SPERLING J

Wednesday, 12 September 2001 Edser v Bablis

Judgment 1 Sheller JA: This is an appeal from two judgments given by her Honour, Acting Judge Gamble, the first on 28 June 2000 and the second on 21 July 2000. 2 The appeal is dismissed and the Court is of the unanimous opinion that the appeal does not raise any question of general principle. Pursuant to s45(4) of the Supreme Court Act 1970, the reasons in short form are as follows: The Court is not persuaded that any errors have been demonstrated in her Honour's reasons for judgment. In the Court's opinion the findings of fact that her Honour made, which in part depended on credit, were open to her and involved no error of reasoning. 3 As I have said, the order of the Court is that the appeal is dismissed with costs. *****