The concept of 'constructive failure to exercise jurisdiction', developed in the context of judicial review of administrative tribunals, must be applied with caution on appeals limited to points of law from courts exercising original jurisdiction. The minimum acceptable standard for reasons in respect of credibility findings remains undemanding where appeals are limited to errors of law, and the standard is not to be equated with that applicable where there is an appeal by way of rehearing. Where an expert's opinions are unchallenged and based on a history accepted by the trial judge, little if anything is required by way of reasons for accepting those opinions.
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