Mysko v Express Cargo Services

This appeal concerned a dispute between Ms Mysko and Express Cargo Services. The specific nature of the dispute is not detailed, but it proceeded to the Full Court of the Supreme Court of South Australia, with Doyle and Bleby JJ presiding.

The primary legal issue before the Full Court was whether the trial judge had erred in her findings of fact and conclusions. Ms Mysko sought to challenge these findings on appeal.

The Full Court found no basis to interfere with the trial judge's conclusions. Their Honours noted that many of the judge’s findings were influenced by her assessment of witness credibility, and Ms Mysko had not demonstrated that these findings were contrary to incontrovertible evidence, compelling inferences, or were otherwise glaringly improbable. Furthermore, the court observed that many findings were supported by contemporaneous documents and that the judge's conclusions were not only available but compelling. No other basis for error in the trial judge's reasoning or conclusions was established by Ms Mysko.

The appeal was dismissed.