The appellant appealed a trial judgment allocating liability for environmental damages caused by the escape of toluene from an underground storage tank.
The appellant argued the trial judge erred in her factual findings, which were based on inferences drawn from incomplete evidence.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's meticulous and detailed reasons.
The court also refused leave to appeal costs and upheld an amendment to the judgment to include GST.
