NSW v Shepherd

• 1. Appeal
  2. › Civil appeal
  3. › Error of law
  4. › Failure to give adequate reasons
  5. › Absence of reasons to support critical finding of fact
  6. › Absence of reasons for rejection of witness evidence on both sides
• 1. Appeal
  2. › Civil appeal
  3. › Procedural fairness
  4. › Finding of fact not advanced by either party
  5. › No opportunity to address finding by evidence or submissions
• 1. Appeal
  2. › Civil appeal
  3. › Notice of contention
  4. › Whether appellate court can make findings requiring assessment of witness credit
  5. › Whether judgment can be upheld on alternative basis not considered by primary judge
• 1. Evidence
  2. › Findings of fact
  3. › Finding not supported by evidence of any witness
  4. › Whether trial judge may construct finding not based on any evidence

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