Howell v Weston
Case
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[2003] NSWCA 235
•31 July 2003
Details
AGLC
Case
Decision Date
Howell v Weston [2003] NSWCA 235
[2003] NSWCA 235
31 July 2003
CaseChat Overview and Summary
The Supreme Court of Queensland, Court of Appeal, heard an appeal in *Howell v Weston*. The dispute concerned the credibility of witnesses and challenged findings of fact made by the trial judge.
The Court of Appeal was required to determine whether the trial judge's findings of fact were adequately supported by the evidence, particularly in circumstances where the evidence of one witness was preferred over another. The appeal also raised questions regarding the adequacy of the reasons provided by the trial judge.
The Court of Appeal found no error in the trial judge's findings of fact, concluding that the judge had properly assessed the credibility of the witnesses and provided sufficient reasons for preferring one account over the other. The principles applied centred on the deference owed to trial judges in making factual findings and assessing witness credibility, and the limited grounds upon which such findings can be challenged on appeal. The appeal was dismissed with costs.
The Court of Appeal was required to determine whether the trial judge's findings of fact were adequately supported by the evidence, particularly in circumstances where the evidence of one witness was preferred over another. The appeal also raised questions regarding the adequacy of the reasons provided by the trial judge.
The Court of Appeal found no error in the trial judge's findings of fact, concluding that the judge had properly assessed the credibility of the witnesses and provided sufficient reasons for preferring one account over the other. The principles applied centred on the deference owed to trial judges in making factual findings and assessing witness credibility, and the limited grounds upon which such findings can be challenged on appeal. The appeal was dismissed with costs.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Evidence
Legal Concepts
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Appeal
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Costs
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Expert Evidence
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Judicial Review
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Procedural Fairness
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Citations
Howell v Weston [2003] NSWCA 235
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