Riechelmann v McCabe

In *Riechelmann v McCabe*, the Court of Appeal of New South Wales considered an appeal concerning claims of assault and battery, specifically allegations of strangulation. The dispute arose from distinct accounts provided by the parties regarding the alleged incidents.

The central legal issues before the Court of Appeal were whether the primary judge erred in their findings of fact, particularly concerning the credibility of witnesses, and whether the evidence supported the conclusions reached. The appeal specifically challenged the factual determinations made after a lengthy hearing, with a focus on the importance of contemporary evidence in assessing witness testimony.

The Court of Appeal allowed the appeal, finding that the primary judge's factual findings were not supported by the evidence. The Court set aside the District Court's judgment and orders, substituting its own. The Court ordered judgment for the cross-claimant (McCabe) against the cross-defendant (Riechelmann) on the cross-claim in the sum of $136,000, with interest. The Court also made orders regarding the costs of both the appeal and the District Court proceedings, generally ordering the cross-defendant to pay the cross-claimant's costs. Furthermore, Mr McCabe was given 14 days to show cause why the Court's judgment and the case papers should not be referred to the Legal Services Commissioner.