Chahal Group Pty Ltd v 7-Eleven Stores Pty Ltd [2018] NSWCA 58

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chahal Group Pty Ltd v 7-Eleven Stores Pty Ltd [2018] NSWCA 58 Hearing dates: 26 February 2018 Decision date: 27 March 2018 Before: Basten JA at [1]; Gleeson JA at [32]; Emmett AJA at [33] Decision: Appeal dismissed with costs Catchwords: APPEALS – assessment of credibility by primary judge – whether primary judge erred in assessment of relative credibility of witnesses – whether primary judge gave weight to failure of the second respondent to explain motive of other witnesses – whether primary judge erred in failing to give sufficient weight to commercial motive of the appellant – whether primary judge erred in finding evidence of other witnesses was irrelevant Legislation Cited: Evidence Act 1995 (Cth) Fair Work Act 2009 (Cth) Supreme Court Act 1970 (NSW), s 75A Uniform Civil Procedure Rules 2005 (NSW), r 51.53 Cases Cited: Balenzuela v De Gail (1959) 101 CLR 226; [1959] HCA 1 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Hughes v The Crown (2015) 93 NSWLR 474 King v Collins [2007] NSWCA 122 Mastronardi v New South Wales [2007] NSWCA 54 Category: Principal judgment Parties: Chahal Group Pty Ltd (ACN 149 138 278) (First Appellant) Shakir Ismail Chaudhry (Second Appellant) 7-Eleven Stores Pty Ltd (Respondent) Representation: Counsel: C Birch SC (Appellants) I M Jackman SC with T W Marskell (Respondent)