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Fact Finding

Approach to factual findings in an appeal

By robert / April 4, 2017 / Comments Off on Approach to factual findings in an appeal
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Circumstantial case: the fact finding process

By robert / February 3, 2017 /

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 took was to consider each piece of evidence individually to…

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Proof to the civil standard

By robert / October 28, 2016 / Comments Off on Proof to the civil standard

Chen v State of New South Wales (No 2) [2016] NSWCA 292

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Fallibility

By robert / October 13, 2016 / Comments Off on Fallibility

Coote v Kelly; Northam v Kelly [2016] NSWSC 1447

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Disputed facts and finding facts

By Robert Sheldon / June 15, 2016 /
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Jones v Dunkel

By Robert Sheldon / March 14, 2016 / Comments Off on 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 Justice Rich (who was part of the…

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The unreliability of evidence in chief adduced in written form

By Robert Sheldon / March 14, 2016 / Comments Off on The unreliability of evidence in chief adduced in written form
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Reviewing factual findings on appeal

By Robert Sheldon / November 11, 2015 / Comments Off on Reviewing factual findings on appeal
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Grappling with competing evidence

By Robert Sheldon / November 11, 2015 / Comments Off on Grappling with competing evidence
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The "Ferrcom inference": what it is and is not

By Robert Sheldon / October 28, 2015 / Comments Off on The "Ferrcom inference": what it is and is not
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