Jovanovic v Magri

[2017] VSCA 373

Victorian Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Appellate review of findings of fact
3. › Inferences drawn from established facts
4. › Whether Robinson Helicopter test applies to inferences as well as primary findings of fact
5. › Standard of review where trial judge found witnesses lacked credibility
6. › Whether inference that advance was loan rather than gift was correct
1. Contract
2. › Loan or gift
3. › Advance of monies in context of newly commenced intimate relationship
4. › Whether monies advanced as loan or gift
5. › Onus of proof on party alleging loan
6. › Relevance of absence of documentation and security

Quick Take

There is an unresolved question whether the Robinson Helicopter test ('glaringly improbable' or 'contrary to compelling inferences') applies to appellate review of inferences drawn from established facts, or only to primary findings of fact. Where a trial judge's conclusion rests on inferences from established facts and credibility findings played little role, the appellate court is in as good a position as the trial judge to draw its own conclusions. The question whether the Robinson Helicopter standard applies to inferences remains open.