Where an appeal from the Local Court is limited to errors of law under ss 39 and 40 of the Local Court Act 2007 (NSW), a trial judge's resolution of conflicting evidence and credibility findings cannot be challenged unless there is no evidence to support the findings. The [name withheld] v [name withheld] principle concerning 'glaringly improbable' findings has no application to such appeals. The principle in [name withheld] v Queensland Trustees Ltd that a defendant bears the onus of proving payment of an admitted loan does not apply where the existence of the loan itself is disputed. Under UCPR r 42.15A, indemnity costs follow automatically from rejection of a compliant r 20.26 offer unless the court orders otherwise; the reasonableness of the rejection is irrelevant absent such an application.
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