Saltalamacchia v Zamagias

[2024] NSWCA 184

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Appeal by way of rehearing
3. › Factual findings of trial judge
4. › Finding contrary to incontrovertible facts
5. › Whether primary judge's rejection of evidence based on misunderstanding of police statement constituted factual error
6. › Supreme Court Act 1970 (NSW), s 75A
1. Appeal
2. › New trial
3. › Circumstances warranting remittal
4. › Competing versions of events turning solely on credibility
5. › No independent or objective evidence
6. › Whether matter should be remitted rather than determined on transcript
7. › Uniform Civil Procedure Rules 2005 (NSW), r 51.53
1. Evidence
2. › Credibility of witnesses
3. › Rejection of part of witness's evidence
4. › Whether rejection of one aspect of evidence renders balance unreliable

Quick Take

Where a trial judge's rejection of evidence is based on a demonstrable misreading of documentary evidence (here, a police statement), this constitutes a finding contrary to incontrovertible facts warranting appellate intervention, and where the case turns solely on credibility with no independent evidence, remittal rather than appellate determination may be appropriate.