Recent Cases

Riechelmann v McCabe [2024] NSWCA 37 (23 February 2024) (Mitchelmore, Kirk and Stern JJA)


Catchwords:


TORTS – Trespass to the person – Assault – Battery – Claim based on distinct accounts of alleged strangulation

APPEAL – From findings of fact – Credibility of witnesses – Appeal of factual decision turning on witness testimony following long hearing – Importance of contemporary evidence