Crossman v Macquarie Leasing Pty Limited [2013] NSWCA 155

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Crossman v Macquarie Leasing Pty Limited [2013] NSWCA 155 Hearing dates: 26 March 2013 Decision date: 06 June 2013 Before: McColl JA at [1]; Basten JA at [9]; Emmett JA at [65] Decision: The Court orders that: 1. The appeal be allowed. 2. The orders made by the District Court on 6 December 2011 be set aside. 3. The matter be remitted to the District Court for a further trial as to whether or not the agreement dated 4 April 2007 was signed by the appellant. 4. The respondent pay the appellant's costs of the appeal, other than the costs of the amended notice of appeal. [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: CONTRACT - guarantee and indemnity in relation to commercial hire purchase agreement - whether appellant signed guarantee - where signature of another guarantor contrived EVIDENCE - expert evidence as to authenticity of signatures - where expert found appellant's alleged signature contrived - nature of expert's mention of "self-simulation" - characterisation of expert evidence - where expert not cross-examined - where signature of another guarantor was contrived Legislation Cited: Supreme Court Act 1970 (NSW), s 75A Uniform Civil Procedure Rules 2005 (NSW), r 51.53 Cases Cited: Whisprun Pty Ltd v Dixon [2003] HCA 48; (2003) 200 ALR 447 Category: Principal judgment Parties: Barry Ian Crossman - Appellant Macquarie Leasing Pty Limited - Respondent Representation: Counsel: J Loofs - Appellant E Glover - Respondent Solicitors: Mahony Taren - Appellant Douros Jackson - Respondent File Number(s): CA 2012/72186 Decision under appeal Date of Decision: 2011-12-06 00:00:00 Before: Sorby DCJ File Number(s): DC 2010/115816