Mitchell v Pacific Dawn P/L

[2003] QCA 526

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › General principles
3. › Interference with judge's findings of fact
4. › Findings clearly wrong
5. › Findings of credibility based on wrong facts
6. › Whether issue properly tried
1. Contract
2. › Duress and unconscionable conduct
3. › Economic duress
4. › Compromise agreement
5. › Whether compromise procured by economic duress
6. › Retrial ordered where trial judge's findings based on wrong facts
1. Practice and Procedure
2. › Costs
3. › Indemnity certificates
4. › Appeal succeeding due to judicial error
5. › Appeal Costs Fund Act 1973 (Qld), ss 15, 16

Quick Take

Where a trial judge's credibility findings and ultimate determination are based on a demonstrably incorrect factual premise (here, that a progress certificate remained unpaid when it had in fact been paid), the determination cannot stand and must be retried, even where the trial judge made express findings preferring one witness over another. The question whether NSW authority requiring reasons for credibility preferences applies in Queensland was left open.