Pickham v Binary Engineering Pty Ltd (formerly Hyper Engineering Pty Ltd)

The appeal in *Pickham v Binary Engineering Pty Ltd (formerly Hyper Engineering Pty Ltd)* concerned a challenge to findings of fact made by the primary judge. The appellant, Pickham, sought to overturn these findings, which were adverse to his interests in the dispute with the respondent, Binary Engineering Pty Ltd. The appeal was heard by Macfarlan and Ward JJA, and Barrett AJA.

The central legal issue before the appellate court was whether the findings of fact made at first instance were demonstrably wrong, particularly in relation to credibility assessments. The appeal did not raise any novel or significant matters of legal principle, but rather focused on the application of established principles governing appeals against factual findings.

The Court of Appeal dismissed the appeal, finding no error in the primary judge's factual findings. The judges applied the well-established principle that appellate courts are reluctant to interfere with findings of fact made by a trial judge, especially where those findings depend on the assessment of witness credibility. Such findings are presumed to be correct unless the appellant can demonstrate a clear and compelling reason to depart from them, which was not established in this instance. Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal.