Proving conversations: the modern approach
in Evidence
This site consists of case excerpts, journal articles and reference sources which have been of relevance to me over my practice as a barrister
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The Property Investors Alliance Pty Ltd v C88 Project Pty Ltd (in liq) [2023] NSWCA 291 This brings to mind the recent observations of Jackman J in Kane’s Hire Pty Ltd v Anderson Aviation Australia Pty Ltd [2023] FCA 381…
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Pro hac vice: transfer of control to a host employer
Mt Owen Pty Ltd v Parkes [2023] NSWCA 77 Where a worker is undertaking work on the premises of, and under direction from another party, the transfer of control may lead to a shift of liability from the legal employer…
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Onus of proving a solicitor’s retainer: Burton v Babb
Burton v Babb [2023] NSWCA 242 The party challenging a legal practitioner’s retainer bears the onus of proving that the legal practitioner has not been retained. However, depending on the quality of the challenger’s evidence, an evidentiary onus may move to the…
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Application for itemised bill of costs from previous solicitors — Application for declaration that costs assessment application is just and fair — TROUBLING ASPECTS
Benton v CMC Lawyers Pty Ltd [2022] NSWSC 1548 74. Seventh, whilst I accept that the bifurcation between solicitor and barrister in New South Wales has reduced, and is reducing, markedly, the structure whereby Mr Quinlivan rendered a separate memorandum…
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Most of the cases
in GeneralA collection of cases and passages gathered over my practice, arranged by topic. It is reproduced in full on the Authorities page, and many of the entries also appear as individual notes on this site.
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fact & law
31. In principle, the construction of a term of a lease will involve a question of law. Often there is difficulty in determining whether what is said to constitute an error is an error as to (i) the fact finding,…
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Jandson Pty Ltd v Edmonds: slip rule
Jandson Pty Ltd v Edmonds [2022] NSWCA 61 The Court held (Bell CJ, Macfarlan and White JJA agreeing), refusing leave to appeal with costs, that in circumstances where a judge has or is said to have overlooked a particular argument…
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Chalak v G & G Mikhael Pty Ltd: summary dismissal
Chalak v G & G Mikhael Pty Ltd [2022] NSWCA 116 15. The constraints on granting summary disposal stated by Barwick CJ in General Steel Industries Inc v Commissioner for Railways (NSW) [2] have been applied in both contexts. Barwick…
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BGC Securities (Australia) Pty Limited v Shillington: preliminary discovery
BGC Securities (Australia) Pty Limited v Shillington [2022] NSWSC 611 Legal principles 5.3 Discovery of documents from prospective defendant (1) If it appears to the court that: (a) the applicant may be entitled to make a claim for relief from…
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Matar v Jones: undeclared income
Matar v Jones [2011] NSWCA 304 15 … The overwhelming probabilities are in my view that, as he indicated when he gave evidence for the second time, the appellant did not disclose the lease payments for income tax purposes. 16…