Amaca Pty Limited v Doughan

[2011] NSWCA 169

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Procedural fairness
3. › Trial judge making adverse factual findings
4. › Whether trial judge required to give prior notice of inclination to make particular findings
5. › Whether issues sufficiently flagged during evidence and submissions
1. Appeal
2. › Dust Diseases Tribunal
3. › Appeal on point of law
4. › Dust Diseases Tribunal Act 1989 (NSW), s 32(1)
5. › Whether denial of procedural fairness constitutes appealable decision in point of law
1. Evidence
2. › Witnesses
3. › Credit
4. › Cross-examination
5. › Concessions in cross-examination
6. › Whether trial judge entitled to discount concessions as inaccurate where witness found to have exaggerated

Quick Take

A trial judge is not required to give explicit advance notice of an intention to make a particular factual finding where the possibility of that finding has been sufficiently raised during the course of evidence and submissions. Where a finding that a witness exaggerated is flagged, it necessarily carries with it the possibility that concessions made in cross-examination consistent with the exaggeration may also be discounted.