Catchwords
Practice and procedure – Appeal - Credibility of witness - Whether intermediate appellate court entitled to substitute its own findings as to credibility for that of trial judge - Whether court erred in ordering retrial limited to assessment of damages.
Courts – Appeal - Procedural fairness - Expert witnesses - Court expressed preference for evidence of particular expert witnesses - Whether court's reference to such expert witnesses as "well known to the court" constituted a breach of procedural fairness - Whether matter should be remitted for rehearing.
Words and phrases – "procedural fairness", "retrial".
Supreme Court Act 1935 (WA) – s 58(1)(a).