Maestrale v Aspite

• 1. Appeal
  2. › Interference with findings of fact
  3. › Findings based on credibility of witnesses
  4. › Where objective evidence contradicts credibility findings
  5. › Whether appellate court may intervene
• 1. Costs
  2. › Departing from the general rule
  3. › Conduct of parties
  4. › Misconduct of successful party
  5. › Whether serious dishonesty justifies displacement of usual costs order
  6. › Uniform Civil Procedure Rules 2005 (NSW), r 42.1
• 1. Damages
  2. › Measure of damages in tort
  3. › Assessment of future possibilities or probabilities
  4. › Evaluative assessment
  5. › Whether appellate court should interfere
  6. › House v R principles
• 1. Damages
  2. › Measure of damages in tort
  3. › Deductibility of collateral benefits
  4. › Where benefit derives from private arrangement with third party
  5. › Whether tortfeasor entitled to benefit of private arrangement

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