Shepherd v NSW

• 1. Appeal
  2. › Appeal from findings of fact
  3. › Credibility findings
  4. › Appellate restraint
  5. › Whether findings demonstrably wrong
  6. › Whether glaringly improbable or contrary to compelling inferences
  7. › Supreme Court Act 1970 (NSW), s 75A
• 1. Appeal
  2. › Appeal from findings of fact
  3. › Weight accorded to contemporaneous documentary evidence
  4. › Hospital notes recording complaint
  5. › Whether primary judge failed to accord proper weight to hospital notes
  6. › Whether adequate reasons given for discounting weight of notes
• 1. Practice and Procedure
  2. › Procedural fairness
  3. › Findings of credit
  4. › Whether implicit finding of collusion made without notice to parties
  5. › Whether finding put to witnesses in cross-examination
• 1. Practice and Procedure
  2. › Reasons for judgment
  3. › Obligation to make findings on credibility issues
  4. › Whether primary judge obliged to make finding about witness participation in video re-enactment
  5. › Whether failure to make finding constituted error

Quick Take