Pickham v Binary Engineering Pty Ltd (formerly Hyper Engineering Pty Ltd)

[2018] NSWCA 105

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Appeal by way of rehearing
3. › Challenge to findings of fact
4. › Credibility findings
5. › Whether trial judge's credibility-based findings shown to be wrong by incontrovertible facts or uncontested testimony or glaringly improbable
6. › District Court Act 1973 (NSW), s 127
7. › Supreme Court Act 1970 (NSW), s 75A

Quick Take

An appellate court will not disturb a trial judge's credibility-based findings of fact even where the trial judge made one erroneous finding, provided there remains a significant and compelling body of evidence supporting the overall credibility assessment.