The Supreme Court dismissed both a summons seeking leave to appeal and a cross-summons from a Local Court negligence finding arising from a three-vehicle collision, holding that all errors identified by the appellants were errors of fact, not errors of law, and therefore fell outside the Court's appellate jurisdiction under s 39 of the Local Court Act 2007. The Court confirmed that the Magistrate's preference for certain witnesses' evidence, his factual findings as to the cause of the collision, and his ultimate conclusion on negligence were all evaluative factual determinations that could not be disturbed on appeal even if arguably wrong, perverse, or based on demonstrably unsound reasoning.
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