Antov v Bokan (No 2) [2019] NSWCA 250

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Antov v Bokan (No 2) [2019] NSWCA 250 Hearing dates: 2 July 2019 Date of orders: 18 October 2019 Decision date: 18 October 2019 Before: Bathurst CJ at [1], Bell P at [2] and Payne JA at [78] Decision: Appeal dismissed with costs Catchwords: APPEAL – claim in promissory estoppel based on representations said to derive from two documents – whether primary judge erred in holding that one of the documents was not authentic – no error – no issue of principle

CIVIL PROCEDURE – video link evidence – whether primary judge erred in refusing to permit video link evidence Legislation Cited: Evidence (Audio and Audio Visual Links) Act 1998 (NSW) s 5B Uniform Civil Procedure Rules 2005 (NSW) r 31.3 Cases Cited: Browne v Dunn (1893) 6 R 67 Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No 3) (2009) 181 FCR 152; [2009] FCA 1306 House v R (1936) 55 CLR 499; [1936] HCA 40 Singer v Berghouse (1994) 181 CLR 201; [1994] HCA 40 Category: Principal judgment Parties: Vase Antov (Appellant) Lidija Bokan (First Respondent) Radmila Antova (Second Respondent) Representation: Counsel:

Mr G W McGrath SC with Mr M V Sahade (Appellant) Mr M J Heath with Mr B J Dean (First Respondent) Submitting appearance (Second Respondent)

Solicitors:

Oliveri Lawyers (Appellant) Matthews Folbigg Pty Ltd (First Respondent) Self-represented (Second Respondent) File Number(s): 2018/332235 Publication restriction: N/A Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Citation: [2018] NSWSC 1474 Date of Decision: 3 October 2018 Before: Ward CJ in Eq File Number(s): 2015/00331929