Michaud v Stefanovski

[2016] WASCA 85

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Appellate review of findings of fact
3. › Credibility findings
4. › Whether trial judge's finding based on credibility can be set aside
5. › Whether finding glaringly improbable or contrary to compelling inferences
6. › Rejection of witness evidence on one matter not requiring rejection on all matters
1. Evidence
2. › Credibility
3. › Assessment of credibility as multi-factorial task
4. › Witness found to have given false evidence and forged document
5. › Whether judge entitled to accept other aspects of that witness's evidence
1. Contract
2. › Loan agreement
3. › Oral agreement
4. › No term for repayment agreed
5. › Whether loan created immediately payable debt
1. Practice and Procedure
2. › Miscarriage of justice
3. › Alleged incompetence of counsel
4. › Whether ground available in civil proceedings
5. › Need for evidence of adequate instructions to counsel

Quick Take

A trial judge's finding of an oral loan agreement may be upheld on appeal even where the judge found the plaintiff forged a written loan agreement and gave false evidence about it, provided the judge properly took the falsity into account and the finding was consistent with the objective probabilities. Where a loan has no agreed term for repayment, the debt is immediately payable upon creation of the loan. A ground of appeal alleging miscarriage of justice from counsel's incompetence in civil proceedings requires evidence that counsel was adequately instructed.