Ange v Contos [2020] NSWSC 64

Supreme Court New South Wales

Medium Neutral Citation: Ange v Contos [2020] NSWSC 64 Hearing dates: 7 June 2019 Decision date: 14 February 2020 Jurisdiction: Common Law Before: Simpson AJA Decision: The plaintiffs' summons is dismissed with costs. Catchwords: APPEALS – appeal on question of law alone – leave to appeal on mixed question of law and fact – whether ruling on admissibility of evidence raises question of law alone – whether grounds of appeal based on reasoning process or inadequate reasons raise questions of law alone – claim in contract – factual dispute – Local Court magistrate does not accept evidence of either party – onus of proof – plaintiffs fail to discharge onus – appeal dismissed with costs Legislation Cited: Evidence Act 1995 (NSW), s 55(1) Local Court Act 2007 (NSW), ss 39, 40, 41 Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372 Lym International Pty Ltd v Marcolongo [2011] NSWCA 303 Masterton Homes Pty Ltd v Palm Assets Pty Ltd (2009) 261 ALR 382 Mifsud v Campbell (1991) 21 NSWLR 725 New South Wales Police Force v Winter [2011] NSWCA 330 Williams v The Queen (1986) 161 CLR 278 Category: Procedural and other rulings Parties: Con Ange (Plaintiff) Emma Ange (Plaintiff) Michael Contos (Defendant) Representation: Counsel: S Di Carlo (Plaintiffs) M F Newton (Defendant)

Solicitors: Holding Redlich (Plaintiffs) Gartree Thomson Lawyers (Defendant) File Number(s): 2018/351246 Decision under appeal Court or tribunal: Local Court Jurisdiction: General Division Date of Decision: 18 October 2018 Before: Magistrate Forbes File Number(s): 2017/00217087