Oct 28, 2016 | Evidence, Fact Finding
Chen v State of New South Wales (No 2) [2016] NSWCA 292 It is not necessary, in order to make a finding on the civil standard, to exclude other possible explanations. Authority is scarcely necessary for that proposition. However, that was precisely the point made – by...
Oct 13, 2016 | Fact Finding
Coote v Kelly; Northam v Kelly [2016] NSWSC 1447 In Campbell v Campbell [2015] NSWSC 784 Sackar J said: [73] In Watson v Foxman (1995) 49 NSWLR 315 and 319, McLelland CJ in Eq made the following remarks: …human memory of what was said in a...
Oct 13, 2016 | Practice & Procedure
In Kirby v Sanderson Motors Pty Ltd (2001) 54 NSWLR 135; [2002] NSWCA 44 at [20] – [21] Hodgson JA said, inter alia: “The general requirement to avoid surprise means that material facts must be stated in such a way that the defending can understand the materiality of...
