Gronow & Gronow 1979 HCA 63; 1979 144 CLR 513

The High Court ruled that an appellate court should be slow to change a final order reflecting a discretionary decision made by a judge on the basis of conflicting assessments about matters of weight to be given to evidence (weigh evidence).

The appeal court found that, when no error in law or mistake in fact has been established that justifies a reversal of a ruling, then it is not enough that an appellate court would have a different view about weight to give to evidence that would lead to a different conclusion.

 

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