Il Vizio Corp Pty Ltd v Cashflow Finance Australia Pty Ltd

Il Vizio Corp Pty Ltd appealed to the Court of Appeal of New South Wales against a judgment of the District Court of New South Wales, presided over by Sorby ADCJ. The dispute concerned the plaintiff's claim for payment of outstanding invoices, which the defendant, Il Vizio Corp Pty Ltd, disputed on the grounds that the goods the subject of those invoices had not been delivered.

The primary legal issue before the Court of Appeal was whether the District Court judge had made a sufficient factual finding regarding the delivery of the goods, and if so, whether that finding was supported by the evidence. The appeal also raised questions concerning the adequacy of reasons provided by the trial judge for any implicit finding of delivery, and the appellate court's task on a rehearing where the weight of evidence did not permit a factual finding of delivery.

The Court of Appeal found that the District Court judge had failed to make an express factual finding of delivery, and that the reasons provided were inadequate to support any implicit finding of delivery. Applying the principles governing appeals by way of rehearing, the Court concluded that the weight of the evidence did not permit a factual finding that the goods had been delivered. Consequently, the appeal was allowed, the judgment of the District Court was set aside, and judgment was entered for the plaintiff in the sum of $27,394.81. The parties were also directed to make submissions on the costs of the District Court proceedings.