APPELLATE PRACTICE — Findings of Fact — Perverse finding — When a finding of court is perverse

This principle establishes the three circumstances in which a finding of a court will be considered perverse: where it is speculative and not based on any evidence; where the court took into account matters it ought not to have considered; or where the court shut its eyes to the obvious. The principle applies where findings of fact are challenged on appeal. It provides the test for perversity. The principle reflects the grounds for appellate interference with findings of fact. It ensures that unsupported or unreasonable findings are set aside. The court must evaluate whether the finding falls within any of the three categories. The principle provides guidance on identifying perverse findings.