An appellate court will not disturb a trial judge's credit findings where the available materials support the assessment, including the inherent improbability of the rejected version, changes in the witness's account between pleading and oral evidence, absence of contemporaneous complaint, and absence of any motive for the alleged deception. For continuous disclosure under s 674, information about a known problem does not require disclosure where the market is already aware of the problem and the relevant question is whether the company has plans to address it.
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