Zhao v Goodman & Anor

The appeal concerned a dispute arising from a building contract between the appellant, Mr Zhao, and the respondents, Goodman and Anor. Mr Zhao sought to recover damages for alleged defects and the cost of completing the building works, while the respondents cross-claimed for the outstanding payment for works already performed. The primary judge's findings were largely based on the credibility of the parties.

The central legal issues before the Court of Appeal were whether the primary judge erred in their findings of fact, particularly concerning the identification of the contract between the parties and the extent of the works performed and defects present. The appellant was required to demonstrate that the primary judge's findings, which were heavily influenced by the credit attributed to the witnesses, were demonstrably wrong, a principle established in *Fox v Percy*.

The Court of Appeal affirmed the primary judge's findings, concluding that the appellant had failed to discharge the onus of overcoming the principle in *Fox v Percy*. The court found no error in the primary judge's assessment of the evidence and the credit given to the witnesses. Consequently, the appeal was dismissed.