Gunderlong Mackay Pty Ltd v Simpkin

• 1. Appeal
  2. › General principles
  3. › Interference with judge's findings of fact
  4. › Credibility findings
  5. › Whether findings glaringly improbable or contrary to compelling inferences
  6. › Appellate restraint where findings affected by impressions of credibility and reliability of witnesses
• 1. Appeal
  2. › Procedure
  3. › Queensland
  4. › Standing to appeal
  5. › Company in liquidation
  6. › Assignment of bare right to litigate
  7. › Whether assignment of right to appeal without interest in underlying property is effective
• 1. Contract
  2. › Formation
  3. › Partly oral partly written agreement
  4. › Family business
  5. › Whether concluded agreement reached or merely agreement to agree
  6. › Whether email evidencing course of action constituted concluded agreement
• 1. Personal Property
  2. › Ownership
  3. › Chattels
  4. › Evidentiary weight of company books and records
  5. › Family practice of mixing private and business expenditure through company accounts
  6. › Whether books and records prima facie evidence of ownership displaced by oral evidence
  7. › Corporations Act 2001 (Cth), s 1305(a)

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