Recent Cases

Mai v Nguyen [2024] NSWCA 215 (02 September 2024) (Mitchelmore and Kirk JJA, Griffiths AJA)


Catchwords:


APPEALS – Adequacy of reasons – Brief ex tempore reasons – Distinct claim in tort not addressed – No substantial wrong or miscarriage occurred due to failure to address – Appellant not deprived of possibility of successful outcome

APPEALS – From findings of fact – Finders of fact entitled to degree of practical judgment with respect to certain matters – Limits of judicial notice – No substantial wrong or miscarriage – Failure to address claimed tendency to violence – Not necessary in every case for judge to determine whether to accept version of events given by party not bearing the onus