Smith v MEPC Australia Limited

The appeal concerned a dispute between Smith, the appellant, and MEPC Australia Limited, the respondent, before the New South Wales Court of Appeal. The primary judge had made certain findings of fact but also stated an inability to make findings on other matters.

The central legal issue before the Court of Appeal was whether the primary judge's inability to make findings on certain matters constituted an appealable error. This involved considering the nature of findings of fact and the circumstances in which a failure to make such findings could be grounds for appeal.

The Court of Appeal held that where a primary judge is unable to make a finding of fact on a particular issue, this is not itself an error of law. The judge's reasons for being unable to make a finding, such as a lack of evidence, are part of the judgment. The appeal was dismissed.