El-Masri v Molloy & Anor

• 1. Appeal
  2. › Appeal from findings of fact
  3. › Functions of appellate court
  4. › Where findings based on credibility of witnesses
  5. › Whether adequate reasons given for preferring one witness over another
  6. › Whether fact-finding process errors require retrial
• 1. Practice and Procedure
  2. › Judgments and orders
  3. › Adequacy of reasons
  4. › Duty to give reasons for findings of fact
  5. › Failure to assess credibility of defendant's witnesses
  6. › Failure to make necessary findings underpinning conclusions
• 1. Negligence
  2. › Medical negligence
  3. › Duty of care
  4. › Standard of care
  5. › Professional practice defence
  6. › Whether definitive finding required under s 41 Civil Liability Act 1936 (SA)
  7. › Civil Liability Act 1936 (SA), s 41
• 1. Practice and Procedure
  2. › Pleadings
  3. › Negligence not pleaded
  4. › Whether finding of negligence on unpleaded ground constitutes error
  5. › Whether party given fair notice of case to meet

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