Ground 8: Failing to give sufficient weight to evidence corroborating the appellant’s position
Ground 8: Failing to give sufficient weight to evidence corroborating the appellant’s position
Here it is said that the judge failed to give sufficient weight to the correspondence before him, and to corroborative documents available, and also failed to evaluate substantial and important passages of evidence that went to the “central issue”. (I will assume that this is the question of the removal of Julian. If it is meant to be anything else, then I do not know what it is.) Again, before I can interfere, I have to be satisfied that the judge was plainly wrong on one or more of these questions of fact finding. What weight to give to the evidence was a matter for the judge. The fact that the appellant does not like the judge’s decision, or that another judge might make a different decision, is irrelevant. And there is no other basis put forward for showing that the judge was plainly wrong. This ground too fails.
- Heading
- Introduction
- Background
- The claim and the counterclaim
- Procedural matters
- The judgments below
- Grounds of appeal
- Stay and permission to appeal
- Appeals
- The arguments
- Nick and Leessa
- The law
- Removal of trustees
- Conflicts of interest and making unauthorised profits, as applied to executors and trustees
- Costs
- The grounds of appeal: discussion
- Ground 2: Failure to consider that the estate was substantially administered with the beneficiaries’ agreement
- Ground 3: Improper and erroneous conclusions
- Ground 4: Improper removal of the trustee from a discretionary trust
- Ground 5: Unwarranted criticism of an earlier district judge
- Ground 6: Procedural irregularities and unequal treatment prejudiced the appellant
- Ground 7: Significant misunderstanding of facts
- Ground 8: Failing to give sufficient weight to evidence corroborating the appellant’s position
- Ground 9: Erroneous order for costs against the executor
- Ground 10: Costs awarded on an indemnity basis
- Ground 11: Failure to provide adequate reasons for decisions
- Final comment
- Conclusions
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