Jones v Dunkel

S S Pharmaceuticals v Qantas [1991] 1 Lloyd’s Rep 288 at 293, Gleeson CJ and Handley JA said: Where the inference of greater fault is open on the evidence we see no difficulty in drawing that more adverse inference where the defendant fails to call evidence. As Mr...

S. 60 Evidence Act – "in for all purposes"

Roach & Ors v Page & Ors (No.11) [2003] NSWSC 907 Sperling J 52 The decision is remote from the present case. However, in the course of his judgment, Goldberg J referred with apparent approval to the following passage from Odgers, Uniform Evidence Law, 3rd...

Credibility, evidence and proof

Telfer v Telfer [2014] NSWCA 186 The Evidence Act 66 The primary Judge in the present case had the advantage of observing the key witnesses, specifically Neil, Sandra and Carolyn. He clearly preferred the evidence of Carolyn when it was in conflict with that of Neil...

Fact finding and the effect of a lie

Schultz v McCormack [2015] NSWCA 330 McColl JA at [1]; Macfarlan JA at [132], Beech-Jones J at [144]     78 His Honour’s finding in this respect was that the respondents tailored their evidence in denying they had told the appellant she should claim on their insurance...