Iannella v NSW Trustee & Guardian (as executor of the estate of the late Anna Stirans)

[2020] NSWCA 96

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Local Court judgment in small amount
4. › Parties' costs exceeding amount in issue
5. › Successful appeal would lead to retrial
6. › Whether case of sufficient injustice to warrant grant of leave
7. › Supreme Court Act 1970 (NSW), s 101(2)(r)
1. Practice and Procedure
2. › Local Court jurisdiction
3. › Money claim
4. › Claim framed in equitable terms
5. › Whether substance of claim was common money count within Local Court jurisdiction
6. › Local Court Act 2007 (NSW), ss 29A, 39, 40
1. Evidence
2. › Standard of proof
3. › Civil proceedings
4. › Serious allegations
5. › Distinction between not being satisfied of fraud and positively finding no fraud
6. › Evidence Act 1995 (NSW), s 140

Quick Take

The Court held that the Court's emphasis that a Magistrate's refusal to make a finding of fraud on the Briginshaw standard is not a positive finding of no fraud, and that leave to appeal will be refused where costs dwarf the amount at stake and a successful appeal would only lead to a retrial.

Case Details

Citation[2020] NSWCA 96

CourtNSWCA

JurisdictionNew South Wales

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