Disputed facts and finding facts

Croucher v Cachia [2016] NSWCA 132     [124] …where there is a real conflict in the evidence, it is necessary to “engage with, or grapple or wrestle with the cases presented by each party”: see for recent examples Keith v Gal [2013] NSWCA 339 at...

Trial judge's duty to give reasons

Mitchell v Cullingral Pty Ltd [2012] NSWCA 389   116 A trial judge has a duty to refer to material evidence and make findings about material issues in the case: Waterways Authority v Fitzgibbon [2005] HCA 57; (2005) 79 ALJR 1816 at [130] (Hayne J). The absence of...