CSR Ltd v Della Maddalena

HIGH COURT OF AUSTRALIAGLEESON CJ,KIRBY, HAYNE, CALLINAN AND HEYDON JJCSR LTD & ANOR  APPELLANTSANDARTURO DELLA MADDALENA  RESPONDENTCSR Ltd v Della Maddalena [2006] HCA 12 February 2006P36/2005ORDER1.        Appeal allowed.2.Set aside paragraphs 2 and 3 of the orders of the Full Court of the Supreme Court of Western Australia made on 13 October 2004 and, in their place, order that:(a)the judgment and orders of the District Court of Western Australia made on 17 December 2002 be set aside; and(b)there be a new trial of the action.On appeal from the Supreme Court of Western AustraliaRepresentation:B W Walker QC with J G Mengler for the appellants (instructed by Jackson McDonald)B F Quinn with P D Nicholas for the respondent (instructed by Slater & Gordon)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSCSR Ltd v Della MaddalenaPractice and procedure – Appeal – Credibility of witness – Whether intermediate appellate court entitled to substitute its own findings as to credibility for that of trial judge – Whether court erred in ordering retrial limited to assessment of damages. Courts – Appeal – Procedural fairness – Expert witnesses – Court expressed preference for evidence of particular expert witnesses – Whether court's reference to such expert witnesses as "well known to the court" constituted a breach of procedural fairness – Whether matter should be remitted for rehearing.Words and phrases – "procedural fairness", "retrial".Supreme Court Act 1935 (WA), s 58(1)(a).GLEESON CJ.   I agree with the orders proposed...