Where a trial judge rejects witness testimony and selectively accepts medical histories without exposing the reasoning process, the fact-finding will be held to have miscarried and a new trial ordered. The degree of appellate deference to credibility findings is diminished where the trial judge fails to give reasons for the conclusions reached. Medical histories in reports admitted without objection are admissible as evidence of the truth of the facts stated by operation of s 60 of the Evidence Act 1995 (NSW), and in the absence of an order under s 136 limiting their use, the trial judge is entitled to rely upon them without restriction.
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