On an appeal limited to questions of law under s 89(2) of the Land Acquisition and Compensation Act 1986 (Vic), a challenge to a factual finding can only succeed if the finding was not open on the evidence or the judge was bound to make a different finding. Complaints about a trial judge's analysis and acceptance or rejection of expert evidence are questions of fact, not law. The question whether the Pointe Gourde principle should be applied as a loss of chance rather than an assumed fact remains open in Victoria.
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