Sebie v Pham

[2019] NSWCA 184

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Leave to appeal
3. › Application for leave to appeal
4. › Whether primary judge failed to consider witness evidence
5. › Where witness' affidavit read and witness cross-examined
6. › Where witness' evidence subject of express analysis by primary judge
1. Practice and Procedure
2. › Leave to appeal
3. › Application for leave to appeal
4. › Whether primary judge erred in not taking into account documentary evidence
5. › Where documents not in evidence before primary judge
6. › Where documents sent by email to judge's chambers in purported answer to notice to produce
7. › Importance that evidence be formally tendered
1. Practice and Procedure
2. › Leave to appeal
3. › Application for leave to appeal
4. › Whether party denied procedural fairness before primary judge
5. › Where party did not appear at hearing
6. › Where no evidence that application was made for affidavit to be read
7. › Where no submissions as to arguments party would have made
1. Real Property
2. › Torrens system
3. › Indefeasibility
4. › Exceptions to indefeasibility
5. › Tenancy where tenant in possession
6. › Whether alleged agreements constituted leases
7. › Whether registered proprietor had notice of tenancy before registration
8. › Real Property Act 1900 (NSW), s 42(1)(d)

Quick Take

Documents sent by email to a judge's chambers in purported answer to a notice to produce are not in evidence before the court and cannot be relied upon on appeal; evidence must be formally tendered to afford the opposing party the opportunity to object, review, call for originals and test veracity.