The appellants challenged a trial judgment dismissing their action on the basis that the trial judge accepted one witness's discovery evidence as uncontradicted and binding.
The Court of Appeal held that the record contained contradictory and countervailing evidence rendering that discovery evidence unreasonable and improbable.
The trial judge therefore committed a palpable and overriding error in treating himself as compelled to accept it.
The appeal was allowed, the judgment was set aside, and a new trial was ordered with costs to the appellants.
