New South Wales Court of Appeal CITATION : MAILE v EVANS [2001] NSWCA 330 FILE NUMBER(S) : CA 41946/00 HEARING DATE(S) : 17 September 2001 JUDGMENT DATE : 17 September 2001 PARTIES : Dallas Charles Maile - Appellant Phillip Barry Evans - Respondent JUDGMENT OF : Sheller JA; Heydon JA; Fitzgerald AJA LOWER COURT JURISDICTION : District Court LOWER COURT 8168/98 FILE NUMBER(S) : LOWER COURT Garling DCJ JUDICIAL OFFICER : COUNSEL : M J Williams QC - Appellant L M Morris QC/W M Fitzsimmons - Respondent SOLICITORS : Heazlewoods - Appellant Abbott Tout - Respondent LEGISLATION CITED : n/a CASES CITED: n/a DECISION : Dismissed with costs IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41046/00 SHELLER JA HEYDON JA FITZGERALD AJA Monday 17 September 2001 MAILE v EVANS Judgment 1 SHELLER JA: This appeal is dismissed with costs. The Court if 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 Court's reasons in short form are as follows: The Court is not persuaded that any error has been demonstrated in the trial Judge's reasons for judgment, in the findings of fact he made or the conclusions he reached based on those findings. 2 Accordingly, the order of the Court is that the appeal is dismissed with costs. ****** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.