Catchwords: EVIDENCE – appeals – findings of fact – whether glaringly improbable or contrary to compelling inferences CONTRACTS – factual causation – subjective determination in the light of all the relevant circumstances ...
Catchwords: DEFAMATION – application to discharge jury – whether plaintiff’s closing address went beyond pleaded case – whether submissions went beyond what had been put to witness in cross-examination – whether...
Catchwords: BUILDING AND CONSTRUCTION – payment claim under Building and Construction Industry Security of Payment Act 1999 (NSW) – payment schedule – claim related to seven invoices and five sites –...
Catchwords: COSTS – appeal allowed in part – partial success of both sides – apportionment of costs – impossible to re-exercise costs discretion at first instance – costs at first instance...
Catchwords: INCOME TAX - appeal by taxpayer from decision of primary judge dismissing appeal from objection decision disallowing objections to notices of amended assessment - where taxpayer lodged no returns for...
Catchwords: COSTS – costs following the event – appellants unsuccessful on appeal from patent infringement and respondent unsuccessful on cross-appeal on validity – whether to consider claim and cross-claim globally –appellants...