Nemeth v Australian Litigation Funders Pty Ltd [2014] NSWCA 198

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nemeth v Australian Litigation Funders Pty Ltd [2014] NSWCA 198 Hearing dates: 13 December 2013 Decision date: 24 June 2014 Before: Meagher JA at [1]; Gleeson JA at [2]; Leeming JA at [224] Decision: (1) Appeal dismissed. (2) Appellant to pay the respondents' 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 AND NEW TRIAL - Appeal - Interference with primary judge's findings of fact - Finding by primary judge that contract not unjust - Functions of appellate court - Appellate review to accord with principles for an appeal by way of rehearing - Appellate court able to determine whether contract was unjust based on proper inferences to be drawn from established facts - Principles in Fox v Percy and House v The King apply - Whether primary judge's findings were inconsistent with incontrovertible facts or uncontested testimony, or were glaringly improbable or contrary to compelling inferences

CONTRACTS - General contractual principles - Harsh and unconscionable contracts and statutory remedies - Contracts Review Act 1980 s 7 - Unjust contracts - Whether the funding agreement was substantially unjust - Whether the contract was merely a "risk free loan", offensive to community standards, or improvident