Southwell v Koutabitsis & Anor [2011] NSWCA 27

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Southwell v Koutabitsis & Anor [2011] NSWCA 27 Hearing dates: 15 February 2011 Decision date: 25 February 2011 Before: Allsop P at 1, Hodgson JA at 56, Campbell JA at 57 Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - civil - fact finding - competing evidence - credibility - no error in approach of primary judge

APPEAL - civil - failure to provide reasons - question is whether argument or matter of substance and importance has been addressed - no error in approach of primary judge Cases Cited: Mifsud v Campbell (1991) 21 NSWLR 725 Wiki v Atlantis Relocations (NSW) Pty Ltd [2004] NSWCA 174; 60 NSWLR 127 Category: Principal judgment Parties: Garry Southwell (1st Appellant) Caprice Finance of Australia Pty Ltd (2nd Appellant) Catherine Koutabitsis (1st Respondent) Angelo Marinos (2nd Respondent) Representation: Counsel: Mr G Foster (Appellants) Mr J Drummond (Respondents) Solicitors: Phillip A Wilkins & Associates (Appellants) Prime Lawyers (Respondents) File Number(s): 2010/47671, 2010/47611 Decision under appeal Jurisdiction: 9101 Date of Decision: 2009-11-20 00:00:00 Before: Rolfe DCJ File Number(s): 1603/2007, 1604/2007