Paul Orfeo Fenech v Shahrouz Amin Kheyoboui

The appeal concerned a dispute between Paul Orfeo Fenech and Shahrouz Amin Kheyoboui. The Court of Appeal of New South Wales was asked to consider whether a miscarriage of justice had occurred due to the trial judge's alleged failure to adequately consider the evidence and provide sufficient reasons for their decision.

The central legal issue before the Court of Appeal was whether the trial judge's reasons for judgment were so inadequate as to constitute a miscarriage of justice, thereby warranting a new trial. This involved an assessment of whether the trial judge had properly engaged with the evidence presented and articulated a clear basis for their findings.

The Court of Appeal found that the trial judge's reasons were indeed inadequate, leading to a miscarriage of justice. The judges determined that the trial judge had not given sufficient consideration to the evidence and had failed to provide adequate reasons for their decision. Consequently, the appeal was allowed.