Grounds of appeal—appealing a finding of fact


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert
Practice notes

Grounds of appeal—appealing a finding of fact


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert

Practice notes
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When will the court allow an appeal against a finding of fact?

The appeal court will only allow an appeal where the decision of the lower court was:

  1. •

    wrong, or

  2. •

    unjust because of a serious procedural or other irregularity in the proceedings in the lower court

For more information, see Practice Note: Grounds for appealing and preliminary considerations.

When it comes to appeals seeking to reverse a trial judge's findings of primary fact, the appeal court will intervene only very rarely. An appellate court will not interfere with a finding of fact by a first instance judge merely because it takes a different view of the matter (Stocker v Stocker).

Appellate courts have repeatedly warned at the highest level not to interfere with findings of fact by trial judges, unless compelled to do so. This applies not only to findings of primary fact, but also to the evaluation of those facts and to inferences to be drawn from them (see the Supreme Court decision in Re B (A Child) and

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