News

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.

Ninth Floor Selborne Chambers is delighted to welcome Maja Cvjetanovic as a reader on the floor.

Prior to coming to the Bar, Maja was a Senior Associate at Quinn Emanuel Urquhart & Sullivan, where she acted in a wide range of complex commercial disputes over an eight year period. Her experience includes large scale commercial litigation, shareholder disputes, insolvency matters, regulatory investigations and professional negligence claims.

Prior to joining Quinn Emanuel, Maja practised at Russells & Bartley Cohen and served as Associate to Justice Peter Murphy of the Family Court (Appeal Division). She is also admitted to practise in New York.

Maja accepts briefs in all areas of law and can be contacted on 02 8915 2159 or cvjetanovic@selbornechambers.com.au, or through her Clerk, Ella Baxendale, on 02 8915 2101. More information about Maja, including her CV, can be found here.

We are very pleased to welcome Maja to Chambers and look forward to her contribution during her reading year and in the years ahead.