Estate of the late Geoffrey Croft v. MTH & Ors

Lower Court Judgment

27/06/2025 Supreme Court of New South Wales (Court of Appeal) (Mitchelmore & Adamson JJA, Price AJA)

[2025] NSWCA 141 

Catchwords

Evidence – obligation to litigant in person - where certificate of conviction admissible to prove elements of offences for which the perpetrator was convicted not tendered – where Court of Appeal found primary judge denied litigant in person procedural fairness by not alerting to admissibility of certificate of conviction to prove the commission of the offences – where Court of Appeal found the primary judge’s assessment of the credibility and reliability of the  litigant in person was compromised - whether Court of Appeal erred in holding primary judge had obligation to ensure litigant in person did not fail to claim rights or put forward legal arguments – whether Court of Appeal erred by deciding appeal as if the certificate of conviction had been tendered and assessing damages to avoid re-trial