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...

The "Ferrcom inference": what it is and is not

Stambolziovski v Nestorovic and Camanaro Prestige Properties Pty Ltd t/as Sydneyhome Real Estate [2015] NSWCA 332 51 The reference to a Ferrcom inference is a reference to what was said by Handley JA in Commercial Union Insurance Company of Australia Limited v Ferrcom...