Catchwords

CONTRACTS - STATUTE OF FRAUDS, SECTION 4 - NON-COMPLIANCE WITH STATUTE - where respondent alleged that appellant had promised to "indemnify" respondent for any liabilities incurred by the respondent as a director of a company - where appellant argued this promise was a guarantee - where appellant argued the promise was unenforceable because no written note or memorandum of the promise as required by s 56 of Property Law Act 1974 (Qld) - where absence of written note or memorandum not pleaded in appellant's defence - where promise was not a promise to answer for the debts of another - whether the promise was unenforceable by reason of s 56 of Property Law Act 1974 (Qld)

APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - JUDGE MISTAKEN OR MISLED - where appellant argued learned trial judge relied upon evidence of matters collateral to issues between parties - where appellant challenged reliance upon evidence of appellant's general strategy of concealment of his business connections - where appellant challenged reliance upon evidence that appellant had sworn false affidavit in Family Court proceedings - where challenged evidence was admitted without objection by appellant's counsel at trial - where appellant argues that appellant's representation at trial was so abjectly and manifestly incompetent as to amount to miscarriage of justice - whether there was a miscarriage of justice

APPEAL AND NEW TRIAL - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - OTHER MATTERS - where appellant claimed findings of learned trial judge were against the weight of the evidence - whether the findings made by learned trial judge were inconsistent with admitted or proven facts, inherently improbable and reasonably open on the evidence