26 Sept 2007
GOUK V CARR HC TAU CIV 2007-470-264
- Citation
- openlaw-b74db063_e7dc_4419_9da4_9e988211a056.pdf
- Court
- High Court
The appeal was dismissed because the trial judge's credibility-based finding — that the appellant agreed with his son that the son alone would repay the loan, that the son conveyed that assurance to the respondent, and that the respondent relied to her detriment such that equitable estoppel applies — was open on the evidence and not plainly wrong, so the appellate court must defer to the trial judge's factual conclusions.