Where a primary judge's findings on defective building work are based on adverse credibility assessments of the builder and acceptance of uncontradicted expert evidence, an appellate court will not disturb those findings unless the builder can point to incontrovertible facts or uncontested testimony demonstrating error. The defence under s 18F of the Home Building Act 1989 requires the builder's advice to be in writing, not the owner's instructions — the primary judge's contrary interpretation was erroneous but immaterial where the s 18F analysis was only alternative reasoning.
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