An appellate court will not interfere with a magistrate's credibility findings where those findings rest on multiple independent bases including demeanour, and where the evidence is not glaringly improbable or contrary to compelling inferences. A new point regarding the interpretation of documentary evidence (here, a repair estimate) raised for the first time on a second review will not be entertained where it is inconsistent with how the trial was conducted and would not have affected the outcome. The question whether s 62 of the Supreme Court Act 1935 (WA) requires rehearing of all issues when judges are divided on only some questions was left open.
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