Reviewing factual findings on appeal

Redbro Investments Pty Ltd v Ceva Logistics (Australia) Pty Ltd [2015] NSWCA 73   “[57] Fox v Percy (and earlier decisions) identifies two classes of case when a trial judge’s assessment of testimonial evidence is reviewed. The first is when “incontrovertible”...

Grappling with competing evidence

Redbro Investments Pty Ltd v Ceva Logistics (Australia) Pty Ltd [2015] NSWCA 73 [53]    Ceva’s invocation of the need to “grapple” with the evidence picks up repeated statements that where there is a real conflict in the evidence, it is necessary to “engage with, or...

The "Ferrcom inference": what it is and is not

Stambolziovski v Nestorovic and Camanaro Prestige Properties Pty Ltd t/as Sydneyhome Real Estate [2015] NSWCA 332 51 The reference to a Ferrcom inference is a reference to what was said by Handley JA in Commercial Union Insurance Company of Australia Limited v Ferrcom...

Fact finding and the effect of a lie

Schultz v McCormack [2015] NSWCA 330 McColl JA at [1]; Macfarlan JA at [132], Beech-Jones J at [144]     78 His Honour’s finding in this respect was that the respondents tailored their evidence in denying they had told the appellant she should claim on their insurance...