Pickham v Binary Engineering Pty Ltd (formerly Hyper Engineering Pty Ltd) [2018] NSWCA 105

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Pickham v Binary Engineering Pty Ltd (formerly Hyper Engineering Pty Ltd) [2018] NSWCA 105 Hearing dates: 27 April 2018 Decision date: 22 May 2018 Before: Macfarlan JA at [1]; Ward JA at [2]; Barrett AJA at [3] Decision: 1. Appeal dismissed 2. That the appellant pay the respondent's costs of the appeal Catchwords: APPEAL – challenge to findings of fact – credibility findings – no matter of principle. Legislation Cited: District Court Act 1973 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Devries v Australian National Railways Commission (1993) 177 CLR 472; [1993] HCA 78 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Robinson Helicopter Company Incorporated v McDermott [2016] HCA 22; (2016) 90 ALJR 679 Szeto v Situ [2017] NSWCA 136 Category: Principal judgment Parties: Anthony Geoffrey Pickham (Appellant) Binary Engineering Pty Ltd (formerly Hyper Engineering Pty Ltd) (Respondent) Representation: Counsel: Mr A Moutasallem (Appellant) Mr NJ Simpson (Respondent)

Solicitors: Lancaster Law & Mediation (Appellant) Hansons Lawyers (Respondent) File Number(s): 2017/213589 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Date of Decision: 19 June 2017 Before: Olsson DCJ File Number(s): 2016/165558