Lemongrove Services Pty Ltd trading as Reimer Winter Williamson Lawyers and Anor v Rilroll Pty Ltd and Ors

[2019] NSWCA 174

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Standard of appellate review
3. › Findings of fact
4. › Findings based on credit
5. › Whether findings glaringly improbable or contrary to compelling inferences
6. › Whether primary judge failed to deal in satisfactory way with substantial amount of evidence
1. Evidence
2. › Witnesses
3. › Credibility
4. › Rejection of part of witness's evidence
5. › Whether rejection of one part necessarily leads to rejection of all
1. Contract
2. › Solicitor's retainer
3. › Breach of retainer
4. › Failure to communicate rejection of contractual term
5. › Factual causation
6. › Subjective determination in light of all relevant circumstances

Quick Take

To successfully challenge a primary judge's finding of fact on appeal, it is not sufficient merely to point to some evidence which was relevant and not recorded in the judgment; the evidence must have a quality which seriously calls into question the integrity of the critical finding of fact.