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Jones v Dunkel March 14, 2016

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 majority) said in Insurance Commissioner v Joyce, (1948) 77 CLR 39 at 49 where an inference is open and the defendant elects not to give evidence ‘the Court is entitled to be bold’.

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