1Even where it is reasonably arguable that an appeal judge failed to conduct a 'real review' of the evidence as required by Lee v Lee and Warren v Coombes, leave to appeal may be refused where the applicant's prospects of success on a real review are negligible and no substantial injustice would result.
2Whether signage at a residential property effectively communicates revocation of an implied licence to enter is a question of fact in each case, assessed by reference to the sign's size, positioning, design, wording, visibility from the angle of approach, and the absence of other indications of revocation.
3Where a defendant proves entry onto residential property without seeing any sign forbidding entry, an evidentiary onus shifts to the plaintiff to adduce evidence of such a sign, but the ultimate question remains whether the sign would be seen by a reasonable person in the defendant's position.
