Bylander v Multilink

[2002] NSWCA 16

NSW Court of Appeal

Built by Barristers,
For Australian Law.

1. Appeal
2. › Standard of appellate review
3. › Findings of fact
4. › Credibility-based findings
5. › Whether trial judge's findings should be set aside
6. › Principles governing appellate intervention
1. Practice and Procedure
2. › Appeals
3. › Grounds of appeal
4. › New issues on appeal
5. › Whether issues not properly pleaded or articulated in grounds of appeal may be raised on appeal
1. Practice and Procedure
2. › Judgments and orders
3. › Short-form reasons
4. › Supreme Court Act 1970 (NSW), s 45(4)

Appellate intervention in credibility-based findings requires identification of specific error such as palpable misuse of the advantage of seeing witnesses, reliance on evidence inconsistent with incontrovertible facts, reliance on glaringly improbable evidence, error of principle, or findings not reasonably open on the evidence.
Issues not properly pleaded in the original defences nor properly articulated in the grounds of appeal cannot be agitated for the first time on appeal.

Citation[2002] NSWCA 16

CourtNSWCA

JurisdictionNew South Wales

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