Can an appellant court reject the finding of facts by a lower court judge? A lower court made two alternate findings (A and B) in a civil case. Can the appellant court has the power to say that one finding of facts applied to the finding of A can't be applied to B because these two are alternate findings by the lower court judge?
VIC Power of an apellant court to interfere with finding of facts by a lower court
- Thread starter LearnerMel
- Start date
Question is best asked of your lawyer.
Maybe a student question? What courts are involved?
What does the judgment actually say that is wrong?
Maybe a student question? What courts are involved?
What does the judgment actually say that is wrong?
Thanks. The situation: a lower court made two alternate findings but has acted on one, because these two findings can't co-exist in reaching a decision. The appellant court finds the lower court judge erred in finding for claim A. The appellant court said they discarded one specific unchalledged finding of facts by the lower court because it was made in the context of its decision in finding for claim A. It follows that the appellant court can ignore that particular fact whilst all other finding of facts remain, when reaching their judgement for claim B.
Similar threads
