Miles v Amos

• 1. Deeds
  2. › Execution
  3. › Whether defendant signed deed
  4. › Creditor and witness testified defendant signed deed
  5. › Defendant denied signing
  6. › Uncontradicted expert evidence that signature not authentic
  7. › Primary judge not satisfied debtor signed deed
  8. › Whether conclusion disclosed appellable error
• 1. Appeal
  2. › Standard of appellate review
  3. › Findings of fact
  4. › Primary judge declining to make positive finding of fact
  5. › Whether appellate deference applies equally to non-finding based on onus of proof as to positive finding of fact
  6. › Fox v Percy (2003) 214 CLR 118

Quick Take