Trial judge did not engage with evidence properly in claim for alleged assault

Practice and procedure – appeal of dismissal of plaintiff’s claim for damages arising from alleged assault which took place at disco hosted by rugby club – whether incident occurred on the premises of the rugby club – whether the appellate court is bound by the trial judge’s finding of fact that the incident did not occur within the hall – whether there was credible evidence that the assault did not occur inside the club – Supreme Court’s decision in Doyle v. Banville – whether judge engaged with the evidence – no direct evidence of assault happening outside the club was surely a factor which had to be weighed in the balance if the judge was to engage properly with the evidence – there was no analysis or explanation as to how the assault did occur if it did not occur within the club premises in the manner claimed by the plaintiff – matter remitted to High Court for full rehearing – appeal allowed.