Gillett v Murphy

The New South Wales Court of Appeal considered an application for leave to appeal in the matter of *Gillett v Murphy*. The dispute concerned findings of negligence made by a trial judge, and the plaintiff's subsequent attempt to reopen their case.

The Court was required to determine whether the trial judge's findings on the credibility of witnesses were open to challenge, and whether the plaintiff should have been permitted to reopen their case after the close of evidence.

The Court of Appeal affirmed the trial judge's findings, holding that the assessment of witness credibility was a matter for the trial judge and that there was no error in the refusal to allow the plaintiff to reopen their case. The principles applied related to the discretion of a trial judge in managing proceedings and admitting evidence, particularly after the close of evidence.

The application for leave to appeal was dismissed with costs.