1Where a party bears the onus of establishing the s 588FG(2) defence and its principal witness's evidence about prior inquiries into the counterparty's financial capacity is rejected on credibility grounds, the party is left without an evidentiary foundation capable of satisfying s 588FG(2)(b), and the defence fails regardless of whether good faith under s 588FG(2)(a) is established.
2A trial judge's adverse credibility findings do not constitute appellable error merely because they are expressed in general terms, provided the reasons as a whole disclose consideration of the witness's evidence in relation to particular issues and do not involve an impermissible global rejection of all evidence.
3The question whether taking advantage of the uncommerciality of a transaction at the expense of a counterparty is itself indicative of want of good faith under s 588FG(2)(a) was expressly left open for determination in a case with a firmer factual foundation.
