TPD: "unlikely ever" – a real chance

TAL Life Ltd v Shuetrim; MetLife Insurance Ltd v Shuetrim [2016] NSWCA 68 Construction of the TPD clauses The statement in the headnote of White v The Board of Trustees [1997] 2 Qd R 659 that “‘unlikely’ meant ‘improbable’ in the sense of a less than 50 per cent...

The Law of Documents

“Sedley’s Laws of Documents” He formulated what has come to be known as “Sedley’s Laws of Documents” after experiencing the tribulations of litigation:[17] First Law: Documents may be assembled in any order, provided it is not...

Battery, intention

Croucher v Cachia [2016] NSWCA 132   [21] A defendant who directly causes physical contact with a plaintiff will commit a battery unless the defendant proves that the defendant was “utterly without fault”. The requisite direct contact will be present if the...

Disputed facts and finding facts

Croucher v Cachia [2016] NSWCA 132     [124] …where there is a real conflict in the evidence, it is necessary to “engage with, or grapple or wrestle with the cases presented by each party”: see for recent examples Keith v Gal [2013] NSWCA 339 at...
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