Riley v The Owners - Strata Plan 73817

The appeal in *Riley v The Owners - Strata Plan 73817* concerned an appellant who had slipped on a ramp. The central dispute revolved around whether the area where the appellant fell was wet or dry, a fact crucial to the determination of liability. The appeal was heard by Macfarlan, Barrett and Ward JJA in the Court of Appeal of New South Wales.

The court was required to determine whether the trial judge's finding that the ramp was dry at the time of the incident was improbable, given the appellant's inconsistent evidence. Furthermore, the appeal raised questions as to whether the trial judge's adverse credit findings against the appellant were unwarranted and, if so, whether these findings improperly influenced the conclusion on the wet/dry issue or the assessment of damages. The court also considered whether the trial judge failed to give proper consideration to the evidence, leading to a substantial miscarriage of justice.

The appellate judges found no error in the trial judge's findings. They reasoned that the trial judge was entitled to make adverse credit findings based on the inconsistencies in the appellant's evidence. The court concluded that these findings did not infect the trial judge's determination of the factual issue regarding the condition of the ramp or the assessment of damages. The appeal was therefore dismissed.

The appeal was dismissed with costs.