On a second appeal to the ACT Court of Appeal from a Supreme Court decision dismissing an appeal from the Magistrates Court, the appellant must demonstrate error by the Supreme Court judge, not merely reassert submissions made below. The Fox v Percy principles regarding deference to the trial judge's advantage in assessing credibility apply at each level of appeal.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
2 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.