› Rejection of unchallenged evidence on undisputed point
› Misstatement of standard of proof
› Mistake as to date of photographic evidence
› Whether new trial should be ordered on all issues
Evidence
› Witnesses
› Cross-examination
› Whether trial judge may reject evidence on a point not challenged in cross-examination and not disputed by opposing party
Negligence
› Personal injury
› Footpath
› Telecom pit
› Whether surface disturbed by Telecom employees prior to fall
Quick Take
1A trial judge may not reject evidence on a point that was not challenged in cross-examination and was expressly conceded by the opposing party.
2Where a trial judge has made fundamental errors including misstating the standard of proof and mistaking the date of key evidence, a new trial will be ordered if the appellant's case is sufficiently strong that it has not been properly considered.
