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Court of Appeal, in an appeal related to the loss of a fishing vessel, determines that the High Court's valuation of the vessel in awarding damages was incorrect due to wrongly ascribing evidence to a witness who did not provide such evidence.
Appeal against award of damages - practice and procedure - loss of fishing vessel - appellant contends that the trial judge's conclusions were at variance with the evidence and insufficient regard was paid to evidence regarding valuations, rental value, expenditure, and insurance of the fishing vessel - respondent disputes appellants contentions - argues that trial judge's findings were correct and supported by evidence - court to assess whether the trial judge's conclusions are sustainable - trial judge ascribed to witness evidence which they did not actually give and then preferred that evidence to the plaintiff's account of the same conversation - appeal successful
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