DCC 62/2004

The determination of the validity of the appeal in cassation. The acceptance of using credit cards as payment and withdrawal of funds upon these cards to repay the debt resulting from this account, despite the two parties acceptance to grant these cards. The trial court shall not be obliged either to accept the opponent's request for delegating an expert witness unless it is the only way to provide proof without documentary evidence. Considering the contested judgment regarding the amount of the debt arising from the respondent's use of the Visa card based on the bank account statement issued by the appellant bank, without considering the latter's pleading related to the request for an expert to investigate the debt resulting from the respondent's use of the MasterCard, shall be deemed a breach of the defence right.

Pursuant to the perusal of the documents and the hearing of the summary report prepared and read out at the hearing by Judge: ……… and after deliberations.