Saltalamacchia v Zamagias

The appeal concerned a motor vehicle accident, with the appellant, Saltalamacchia, challenging the findings of the primary judge in the District Court of New South Wales. The core of the dispute revolved around the primary judge's rejection of the appellant's evidence and whether this rejection involved a factual error based on incontrovertible facts. The appellant sought a retrial of the matter.

The Court of Appeal was required to determine whether the primary judge erred in rejecting the appellant's evidence. Specifically, the court considered whether this rejection constituted a factual error, meaning the finding was contrary to facts that were incontrovertible. The ultimate question was whether these errors warranted remitting the matter for a retrial in the District Court.

The Court of Appeal found that the primary judge had indeed erred in rejecting the appellant's evidence, concluding that this error involved a finding contrary to incontrovertible facts. Consequently, the appeal was allowed, and the orders of the primary judge were set aside. The matter was remitted to the District Court for a retrial on liability only, before a different judge. The respondent was ordered to pay the appellant's costs of the appeal.