The appellants appealed a jury verdict finding no liability on the part of the respondents for personal injuries sustained when the appellant fell down stairs at a house under construction.
The appellants argued that the trial judge interfered excessively during the appellant's testimony, compromising trial fairness.
The Court of Appeal agreed, finding that the trial judge's extensive and leading questions on core issues of liability and credibility crossed the line into participation in the litigation.
The appeal was allowed, the trial judgment set aside, and a new trial ordered.
