Fox v Percy provides a standard of appellate review in respect of a trial judge's findings of fact, rather than creating a threshold that a trial judge must reach before accepting a witness as a witness of credit. Prior inconsistent statements are not incontrovertible evidence for the purposes of Fox v Percy. A Ferrcom inference cannot be drawn against a party who calls an independent witness but does not ask particular questions, where the opposing party equally failed to ask those questions and the witness was not 'in the camp' of the calling party.
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