2 Jul 2024
The application for leave to appeal is dismissed because the proposed grounds are challenges to the tribunal's factual findings which are supported by evidence and not perverse; no arguable question of law was identified and the application therefore has no real prospect of success.
16 Jan 2020
The trial judge accepted the attendant's testimony and CCTV evidence which corroborated intentional pushing by the appellant; those credibility findings were not irrational or impossible and therefore the prosecution proved all elements of common assault beyond reasonable doubt, so the conviction stands.
1 Nov 2001
The appeal was dismissed because the trial judge's findings that the plaintiff's evidence lacked credibility and that the interaction was consensual were unassailable; 'unwelcome' is a subjective attribute of the person targeted and only then assessed objectively under the Ordinance; no basis existed to overturn the factual findings and the appeal was therefore hopeless.
28 Aug 1996
Where the trial judge, who observed witnesses, accepts the complainant’s evidence and there is abundant consistent evidence supporting the elements of the offences, the Court of Appeal will not overturn convictions on factual grounds; accordingly the applications for leave to appeal were dismissed.
4 May 1990
The trial judge's factual finding that the false ceiling was not included in the office partitioning—based on witness credibility, contextual analysis and ordinary meaning—was not clearly wrong, and therefore the Court of Appeal will not overturn the award; appeal dismissed.
23 Nov 1972
The insurer may challenge the facts underlying an insurance claim in cross-examination without pleading fraud so long as it does not set up an affirmative allegation of fraud; although aspects of the cross-examination and statements amounted to allegations of fraud, the appellate court was not persuaded to disturb the trial judge's findings that a robbery occurred and goods in excess of $200,000 were stolen, and therefore the appeal was dismissed.