NSW Caselaw
New South Wales Court of Appeal
CITATION: Su v So, Verekers Lawyers v So [2010] NSWCA 119 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 12 April 2010
JUDGMENT DATE: 27 May 2010
JUDGMENT OF: Allsop P at 1; Tobias JA at 66; Sackville AJA at 1
Su v So 2009/298356 1. Grant leave to Mr Su to appeal. 2. Order that a notice of appeal be filed within 14 days in respect thereof. 3. Allow the appeal. 4. Set aside orders 3 and 5 of the District Court dated 25 May 2009 insofar as they relate to Mr Su and in lieu thereof order judgment for Mr Su with no order as to costs as between Mr So and Mr Su. 5. Order Mr So to pay Mr Su's costs of the appeal, Mr So to have a certificate under the Suitors' Fund Act 1951 (NSW) if otherwise qualifying. Verekers Lawyers v So 2009/298342 DECISION: 1. Grant leave to appeal to Verekers. 2. Order that a notice of appeal be filed within 14 days. 3. Allow the appeal. 4. Set aside order 4 of the District Court dated 25 May 2009 and in lieu thereof, order that the proceedings against Verekers be dismissed. Su v So 2009/298356; Verekers Lawyers v So 2009/298342 1. Mr So file and serve any written submissions as to costs within seven days. 2. Mr Su file and serve any written submissions as to costs within a further seven days. 3. Verekers file and serve written submissions in reply within a further 14 days.
CATCHWORDS: APPEAL AND NEW TRIAL – application for leave to appeal – unreliability of oral evidence found by primary judge – primary judge's findings based on objective factors - TORTS – deceit – whether elements proved – whether signature appended to contract of sale of property fraudulently and without authority of beneficial owner - DAMAGES – assessment of damages – tort of deceit – whether primary judge erred in awarding compensatory and exemplary damages - PROFESSIONS – solicitor – wrongfully witnessing X signing Y's name as witnessing Y's signature – responsibility for litigation
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