Valuation evidence: the requirements for admissibility

Rolleston v Insurance Australia Ltd [2017] NSWCA 168 Meagher JA: 4 The valuer adopted the comparable sales method. That method involves the identification of qualities or characteristics of the relevant comparable properties which are considered to be indicators of...

The evidentiary status of photographs

  Blacktown City Council v Hocking [2008] NSWCA 144 Spigelman CJ (Beazley JA agreeing): 7 Tobias JA sets out the authorities which consider the use of photographs by a trial judge. It is not entirely clear in what circumstances photographs can be used as direct...

Circumstantial case: the fact finding process

The Nominal Defendant v Cordin [2017] NSWCA 6 In the present case there was a great deal of contemporaneous evidence that assisted in the task of ascertaining what happened in the accident. The trial judge considered this evidence in some detail but the approach he...

Proof to the civil standard

Chen v State of New South Wales (No 2) [2016] NSWCA 292 It is not necessary, in order to make a finding on the civil standard, to exclude other possible explanations. Authority is scarcely necessary for that proposition. However, that was precisely the point made – by...

Tendency evidence

  IMM v The Queen [2016] HCA 14   39 The question as to the capability of the evidence to rationally affect the assessment of the probability of the existence of a fact in issue is to be determined by a trial judge on the assumption that the jury will accept...