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

Feb 29, 2016 | Evidence

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...

Insurance – construction of policy

Feb 23, 2016 | Insurance

Todd v Alterra at Lloyds Ltd (on behalf of the underwriting members of Syndicate 1400) [2016] FCAFC 15 ALLSOP CJ, GLEESON J; 21 …The one contentious issue was the proposition, contained in paragraph 13 of the insurers’ written submissions, that was adhered to by...

S. 5I: "inherent risk"

Feb 17, 2016 | Civil Liability Act

Paul v Cooke [2013] NSWCA 311 b) Inherent risk not confined to those which cannot be avoided by reasonable care and skill by the defendant Secondly, his Honour confined “inherent risk” to something that cannot be avoided by the exercise of reasonable care...

Credibility, evidence and proof

Feb 11, 2016 | Evidence

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...
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