Shun Sheng Pty Ltd v Lei (No 2)

[2024] NSWCA 105

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Appeal from findings of fact
3. › Credibility-based findings
4. › Whether appellate court may interfere
5. › Whether 'uncontested testimony' exception in Fox v Percy engaged
6. › Whether sufficient to identify uncross-examined portions of evidence of generally disbelieved witness
7. › Supreme Court Act 1970 (NSW), s 101
1. Appeal
2. › Appeal as of right or by leave
3. › Interlocutory decision
4. › Where primary judge resolved some but not all issues between parties
5. › Whether decision interlocutory for purposes of s 101(2)(e)
6. › Supreme Court Act 1970 (NSW), s 101(2)(e)
1. Partnership
2. › Dissolution of partnership
3. › Whether partnership terminated by oral agreement
4. › Onus of proof
5. › Whether plaintiff discharged onus of proving termination
6. › Relevance of subsequent conduct of parties

Quick Take

Credibility-based findings cannot be challenged on appeal by relying on the Fox v Percy 'uncontested testimony' exception when the challenge is based solely on identifying portions of a disbelieved witness's evidence that were not specifically cross-examined upon.