An appellate court will not overturn a primary judge's factual findings based on credibility assessments unless they are demonstrated to be wrong by incontrovertible facts or uncontested testimony, or are glaringly improbable or contrary to compelling inferences. A court may exercise its discretion to refuse equitable relief where the claimant has contravened the Foreign Acquisitions and Takeovers Act 1975 (Cth), even though s 38 of that Act provides that an act is not invalidated by the contravention. A party cannot adopt a position on appeal that contradicts a concession made below on a matter that was not in dispute.
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