New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Evidence


  1. 28/11/2016
    Evidence: admissibility; expert evidence; whether expert evidence satisfies requirement for admissibility under s 79 of Evidence Act 1995 (NSW); absence of demonstrated reasoning process; whether it was open to the primary judge to receive that evidence; whether expert evidence supported claims for damages

    Museth v Windsor Country Golf Club Ltd  [2016] NSWCA 327
  2. 04/11/2016
    Evidence: defamation proceedings; whether denial of procedural fairness as a result of alleged failure to put truth or falsity of pleaded imputations to applicant; whether breach of rule in Browne v Dunn where applicant on notice of what respondents contended was his real purpose in bringing the proceedings
    Toben v Nationwide News Pty Ltd  [2016] NSWCA 296
  3. 27/10/2016
    Evidence: findings of fact; civil standard; whether sufficient to reach a state of actual satisfaction; whether necessary to exclude all other possibilities
    Chen v State of New South Wales (No 2)  [2016] NSWCA 292
  4. 04/10/2016
    Evidence: matter remitted to primary judge to reconsider findings following a successful appeal; whether primary judge erroneously repeated error in relying on certain evidence; whether failure to draw Jones v Dunkel inference adverse to respondents
    RHG Mortgage Corporation Ltd v Ianni  [2016] NSWCA 270
  5. 07/09/2016
    Evidence: new evidence sought to be tendered on appeal; required to establish “special grounds” pursuant to Supreme Court Act 1970 (NSW), s 75A(8)

    Larsen v Grace Worldwide (Australia) Pty Ltd  [2016] NSWCA 251
  6. 02/09/2016
    Evidence: Jones v Dunkel inference against bank; whether reliance justified

    National Australia Bank Limited v Dionys as Trustee for the Angel Family Trust  [2016] NSWCA 242
  7. 12/07/2016
    Evidence: application seeking orders under Foreign Evidence Act 1994 (Cth); application sought that letter of request be issued to the judicial authorities of Israel to take the evidence of an individual; draft letter included request that, in aid of examination of the individual, orders be issued requiring the production of certain documents; whether production of documents in aid of or ancillary to examination of individual; whether request to take the evidence of a person as contemplated by the Act; relevant provisions of Foreign Evidence Act authorise orders directing the issue of a letter of request including a request seeking orders for the production of documents; not in the interests of justice in the relevant circumstances for an order to be made.
    Rawson Finances Pty Ltd v Commissioner of Taxation  [2016] FCAFC 95
  8. 23/05/2016
    Evidence: hearsay; business records; where representations made in connection with investigation relating to or leading to a criminal proceeding; burden of proof; representations contained in records made by police officer responding to report of burning vehicle; Evidence Act 1995 (NSW), s 69(2)-(3). 

    Averkin v Insurance Australia Ltd  [2016] NSWCA 122
  9. 17/05/2016
    Evidence: expert evidence; medical practitioners; evidence of usual practice; patient’s denial of any warning of relevant material risk; limited cross-examination of experts; whether evidence properly assessed.
    Biggs v George  [2016] NSWCA 113
  10. 08/04/2016
    Evidence: Jones v Dunkel inference; failure to call witnesses; whether inference valid where no reason to believe witnesses in camp of that party; unlikely witnesses would recall events or conversations.
    Small v K & R Fabrications (W’gong) Pty Ltd  [2016] NSWCA 70