Lord Reed menyatakan seperti berikut: “63 In Thomas itself, Lord Thankerton, with whose reasoning Lord Macmillan, Lord Simonds and Lord du Parcq agreed, said [1947] AC 484, 487–488 that in the absence of a misdirection of himself by the trial judge, an appellate court which was disposed to come to a different conclusion on the evidence should not do so “unless it is satisfied that any advantage enjoyed by the trial judge by reason of having seen and heard the witnesses, could not be sufficient to explain or justify the trial judge’s conclusion”. 64 Lord du Parcq’s speech is to similar effect. Distinguishing the instant case from “those very rare occasions” on which an appellate court would be justified in finding that the trial judge had formed a wrong opinion, he said, at p 493: “There are, no doubt, cases in which it is proper to say, after reading the printed record, that, after making allowance for possible exaggeration and giving full weight to the judge’s estimate of the witnesses, no conclusion is possible except that his decision was wrong.” S/N dJPEt2mRkm95En/k9xvxw 65 Viscount Simon, at p 486, while disagreeing as to the result of the appeal, also emphasised the need for the appellate court to consider whether the trial judge’s decision could reasonably be regarded as justified: “If there is no evidence to support a particular conclusion (and this is really a question of law), the appellate court will not hesitate so to decide. But if the evidence as a whole can reasonably be regarded as justifying the conclusion arrived at at the trial, and especially if that conclusion has been arrived at on conflicting testimony by a tribunal which saw and heard the witnesses, the appellate court will bear in mind that it has not enjoyed this opportunity and that the view of the trial judge as to where credibility lies is entitled to great weight.” 66 These dicta are couched in different language, but they are to the same general effect, and assist in understanding what Lord Macmillan is likely to have intended when he said that the trial judge might be shown “otherwise to have gone plainly wrong”. Consistently with the approach adopted by Lord Thankerton in particular, the phrase can be understood as signifying that the decision of the trial judge cannot reasonably be explained or justified. 67 It follows that, in the absence of some other identifiable error, such as (without attempting an exhaustive account) a material error of law, or the making of a critical finding of fact which has no S/N dJPEt2mRkm95En/k9xvxw basis in the evidence, or a demonstrable misunderstanding of relevant evidence, or a demonstrable failure to consider relevant evidence, an appellate court will interfere with the findings of fact made by a trial judge only if it is satisfied that his decision cannot reasonably be explained or justified. 68 This approach is consistent, as I have explained, with the Scottish authorities, and also with more recent authority in this court and in the Judicial Committee of the Privy Council: see, for example, In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] 1 WLR 1911, paras 52–53, per Lord Neuberger of Abbotsbury PSC. A similar approach has also been adopted by the Supreme Court of Canada (see HL v Canada (Attorney General) [2005] 1 SCR 401, paras 55–56) and by the United States Supreme Court: see Anderson v Bessemer (1985) 470 US 564, 573–574.” [16] Pendekatan campur tangan Mahkamah yang mendengar rayuan terhadap dapatan dan keputusan hakim bicara ini dikenali sebagai prinsip jelas kesilapannya (plainly wrong). Mahkamah Persekutuan telahpun menjelaskan pemakaian prinsip tersebut semasa mendengar rayuan daripada mahkamah bawahan dalam kes Ng Hoo Kui & Anor v. Wendy Tan Lee Peng, Administrator Of The Estates Of Tan Ewe Kwang, Deceased & Ors Federal Court, Putrajaya [2020] 10 CLJ 1 seperti berikut: S/N dJPEt2mRkm95En/k9xvxw [71] From the aforesaid authorities, there appears to be a difference in approach taken and applied by the UK Supreme Court and the approach taken by the Malaysian courts. Whilst Lord Reed in Henderson (supra) separated the four non exhaustive identifiable errors of a trial judge from the plainly wrong test: