QLDQCA
Bernstrom v National Australia Bank Ltd [2002] QCA 231
[2002] QCA 231
Court of Appeal (Qld)|2002-06-28|Before: McMurdo P, Cullinane and Jones JJ.Separate reasons, for judgment of each member of the Court, each concurring as to the order, made
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Source factsCourt
Court of Appeal (Qld)
Decision date
2002-06-28
Before
McMurdo P, Cullinane and Jones JJ.Separate reasons, for judgment of each member of the Court, each concurring as to the order, made
Catchwords
- PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND –
- PRACTICE UNDER RULES OF COURT – SUMMARY JUDGMENT
- EVIDENCE – GENERAL – RESPECTIVE FUNCTIONS OF JUDGE AND JURY
- – ADMISSION OF EVIDENCE - where appellant defaulted
Source
Original judgment source is linked above.
Catchwords
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND –PRACTICE UNDER RULES OF COURT – SUMMARY JUDGMENTEVIDENCE – GENERAL – RESPECTIVE FUNCTIONS OF JUDGE AND JURY– ADMISSION OF EVIDENCE - where appellant defaultedon mortgage repayments– where respondent gave notice of intention to exercise power of saleunder mortgage – where appellantcontends respondent agreed not toexercise power of sale in a meeting with appellant and her son anddaughter-in-law – whererespondent branch manager made notes ofmeeting– where notes reveal no agreement – where court informed byrespondent’scounsel that appellant’s son agreed respondent’snotes accorded with his recollection of the meeting – where appellantdidnot object – whether learned primary judge departed from rules of evidencein accepting out of court statement - whetherlearned primary judge erred inentering summary judgment