NSW Caselaw
Appeal Outcome: Special leave application dismissed by the High Court - 12 June 2008 - [2008] HCASL 313
New South Wales Court of Appeal
CITATION: Karwala v Skrzypczak [2007] NSWCA 123
HEARING DATE(S): 25 May 2007
JUDGMENT DATE: 25 May 2007
JUDGMENT OF: Giles JA at 1; Tobias JA at 32
EX TEMPORE JUDGMENT DATE: 25 May 2007
DECISION: Application for leave to appeal dismissed with costs.
CATCHWORDS: Appeal - leave to appeal - whether arguable case of error in fact-finding by trial judge - whether errors in relation to admission of evidence - whether further evidence which would be received on appeal - failure to provide prima facie case of authenticity of a letter proposed to be relied on as fresh evidence - leave to appeal refused.
Akins v National Australia Bank (1994) 34 NSWLR 155; CASES CITED: Karwala v Skrzypczak: in the Estate of Ratajczak [2006] NSWSC 203; Spies v Commonwealth Bank of Australia (1991) 24 NSWLR 691.
PARTIES: Maria Karwala - Claimant Jadwiga Skrzypczak - Opponent
FILE NUMBER(S): CA 40391/06
COUNSEL: Claimant in person R Lovas - Opponent
SOLICITORS: Claimant in person G A Kinsey, Hurstville - Opponent
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): 100898/03
LOWER COURT JUDICIAL OFFICER: Windeyer J
LOWER COURT DATE OF DECISION: 29 March 2006
LOWER COURT MEDIUM NEUTRAL CITATION: [2006] NSWSC 2003
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40391/06 SC 100898/03
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