Fox v Percy

[2003] HCA 22
Judgment date
Case number
S88/2002
Before
Gleeson CJ, McHugh, Gummow, Kirby, Callinan JJ
Catchwords

Appeal – Rehearing - Review of findings of fact based on trial judge's assessment of credibility of witnesses - Whether findings inconsistent with incontrovertibly established facts - Power of appellate court to set aside findings.

Appeal – Issue not raised at trial - Where argued that expert report based on matters not proved or supported by the evidence - Whether re-examination of facts by appellate court appropriate.

Appeal – Rehearing - Substitution of judgment of appellate court for that of trial judge - Whether re-trial an appropriate remedy.

Supreme Court Act 1970 (NSW) – s 75A.

Files
22.rtf (98.03 KB)
22.pdf (206.54 KB)