The primary judge’s conclusions as to the cause of Mr Kedwell’s injury were arrived at through his own analysis. They were not based on any expert evidence and were not reflective of any submission made to him. If that was the basis on which he was going to reject Mr Kedwell’s case that he suffered an injury at work on 20 September 2022, it was necessary for the primary judge to give Mr Kedwell an opportunity to answer that case. The primary judge failed to do so. That, also, was an error in point of law: at [51].