On 4 September 2026, the New South Wales Court of Appeal delivered judgment in Barel v Barel [2026] NSWCA 179. Ben Koch, leading Andrew Berriman, appeared for the successful respondent instructed by Elias Yamine of ESY Lawyers Pty Ltd.

The appeal concerned challenges to findings of fact about three oral loan agreements established by the respondent in District Court proceedings where the primary judge had made detailed credibility and reliability findings against the appellant. The appellant sought to overturn the primary judge’s findings as to the existence of those loan agreements and of a term that repayment was due upon the sale of a property. The appellant argued there were a small number of critical documents which undermined his Honour’s findings.

The decision emphasises the difficulty an appellant faces in challenging closely reasoned findings of fact turning upon the primary judge’s assessment of the reliability and credibility of critical witnesses. The appellate court exercises significant caution in intervening in respect of findings of fact reached after a contested hearing. It is not enough to point to documents which might be said to be inconsistent with those findings, particularly where no challenge is made to the underlying credibility and reliability findings or to other findings of fact that undermine the reliability of those documents for the purposes advanced by the appellant.

See the full judgment here.