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...

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...