Li v Deng

The appeal concerned a dispute between Li and Deng. The Court of Appeal of New South Wales was asked to consider whether the trial judge, Gzell J, had made errors in fact-finding that warranted intervention.

The primary legal issue before the Court of Appeal was whether the findings of fact made by the trial judge were so demonstrably erroneous as to require the appeal to be allowed. This involved an examination of the credibility of witnesses and whether certain facts were incontrovertibly established or presented inherent improbabilities that the trial judge had failed to adequately address.

The Court of Appeal found that there were errors in the trial judge's fact-finding. While not a question of principle, the court determined that the findings were not open to the judge on the evidence presented. Consequently, the appeal was allowed, the judgment of Gzell J was set aside, and the proceedings were remitted to the Equity Division for a re-hearing. The court also made orders regarding the use of the existing transcript for the new trial and granted the respondent a certificate under the Suitors Fund Act.