ANZ Banking Group Ltd v Rodgers & Anor

[2004] QCA 186

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › General principles
3. › Interference with judge's findings of fact
4. › Functions of appellate court
5. › Where findings based on credibility of witnesses
6. › Whether trial judge's credibility findings supported by objective evidence
7. › Whether appellants demonstrated palpable misuse of advantage
1. Banking and Finance
2. › Mortgages
3. › Mortgagee's right to possession
4. › Guarantees and indemnities
5. › Whether security documents executed by guarantors
6. › Whether collateral agreement existed

Quick Take

An appellate court will not disturb a trial judge's findings of fact based on credibility assessments unless the appellant demonstrates the judge failed to use or palpably misused the advantage of seeing and hearing witnesses, or acted on evidence inconsistent with incontrovertibly established facts or which was glaringly improbable. A party cannot pursue on appeal a factual contention inconsistent with the case conducted at trial.