The Owners – Strata Plan 87265 v Saaib; Alexandrova v The Owners – Strata Plan 87265

• 1. Appeal
  2. › Appeals from findings of fact
  3. › Credibility and reliability findings
  4. › Whether findings based on demeanour
  5. › Applicable test for appellate intervention
  6. › Whether primary judge gave sufficient weight to combined effect of relevant circumstances
  7. › Fox v Percy (2003) 214 CLR 118
• 1. Evidence
  2. › Tendency evidence
  3. › Admissibility
  4. › Whether evidence of separate building project significantly probative of builder's role in project the subject of proceedings
  5. › Whether 'striking similarities' required
  6. › Evidence Act 1995 (NSW), s 97
• 1. Evidence
  2. › Jones v Dunkel inference
  3. › Failure to call witness
  4. › Whether witness in party's 'camp'
  5. › Whether natural to expect party to call witness
  6. › Effect of alleged falling out between party and potential witness
• 1. Consumer Law
  2. › Misleading and deceptive conduct
  3. › Causation of loss
  4. › Whether absent misleading conduct property developer would have obtained valid insurance by honest means
  5. › Counterfactual analysis
  6. › Competition and Consumer Act 2010 (Cth), Sch 2, ss 18, 236
  7. › Fair Trading Act 1987 (NSW), ss 42, 68

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