-
Chong v CC Containers Pty Ltd
[2015] VSCA 137
Citation 1
(Para 52)
…ns consistent with innocence is a function of the higher standard of proof and does not apply in civil proceedings (see Chong v CC Containers Pty Ltd [2015] VSCA 137 at [52]-[54]).…
-
NOM v Director of Public Prosecutions
[2012] VSCA 198
Citation 2
…quires the court to reach a state of “ actual persuasion of the occurrence or existence of the fact in issue before it can be found ” ( NOM v DPP [2012] VSCA 198 at [124. A ‘[ m]ere mechanical comparison of probabilities independent of a reasonable satisfaction will not justify a finding of fact ” ( NOM v DPP [201…
-
Morley v Australian Securities and Investments Commission
[2010] NSWCA 331
Citation 3
(Para 742)
…may take into account the gravity of the consequences which flow from a particular finding ( Morley v Australian Securities & Investments Commission [2010] NSWCA 331 at [742]). Thus, the graver the consequences of a particular finding, the stronger the evidence needs to be in order to conclude that the allegation…
-
Jackson v Lithgow City Council
[2008] NSWCA 312
Citation 4
(Para 9)
…more likely than the defendant’s. The plaintiff must show that his or her case is more likely than not ( Jackson v Lithgow City Council [2008] NSWCA 312 at [9]-[10] per Allsop P.…
-
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Competition and Consumer Commission
[2007] FCAFC 132
Citation 5
…trical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Competition and Consumer Commission (2007) 162 FCR 466).…
-
Carney v Newton
[2006] TASSC 4
Citation 6
(Para 61)
…arty will not have proven its case if the likelihood of the plaintiff’s case and defendant’s case is perfectly balanced ( Carney v Newton [2006] TASSC 4 at [61]). Similarly, a plaintiff will not succeed merely be establishing that his or her case is more likely than the defendant’s. The plaintiff must show that h…
-
Gama v Qantas Airways Ltd
[2006] FMCA 11
Citation 7
(Para 138)
…r example, take into account the inherent unlikelihood of the alleged conduct, and common law principles concerning weighing evidence ( Qantas v Gama (2008) 167 FCR 537 at [138] per Branson J). 19.Where a civil proceeding involves allegations of criminal conduct the standard of proof remains the balance of probabilit…
-
Briginshaw v Briginshaw
[1938] HCA 36
Citation 8
…gs the standard of proof is the same as it is at common law, the balance of probabilities. The Evidence Act 2008 also incorporates the principle from Briginshaw v Briginshaw (1938) 60 CLR 336 that a court may take into account the nature and gravity of the subject matter when deciding whether the standard of proof is met. This s…
-
Briginshaw v Briginshaw
[1938] HCA 34
Citation 9
…is the same as it is at common law, the balance of probabilities. The Evidence Act 2008 also incorporates the principle from Briginshaw v Briginshaw (1938) 60 CLR 336 that a court may take into account the nature and gravity of the subject matter when deciding whether the standard of proof is met. This standard of…
-
Shepherd v Felt & Textiles of Australia Ltd
[1931] HCA 21
Citation 10
…that precludes such reliance at a later date: Shepherd v Felt and Textiles Australia Pty Ltd (1931) 45 CLR 359 at 377-378 per Dixon J). 15.The defendant made admissions which I have concluded have established dishonesty by him. I have also reached that conclusion independently of the defendant’s testimony and based…
-
Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd
[1992] HCATrans 297
Citation 11
…eople do not ordinarily engage in criminal conduct and courts should not lightly make such findings: Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 at 449-450. 20.Similarly, in a civil proceeding involving circumstantial evidence to prove allegations of dishonesty, it is not necessary to exclude…
-
North East Solution Pty Ltd v Masters Home Improvement Australia Pty Ltd
[2016] VSC 1
Citation 12
…debt recoverable by the plaintiff from the defendant. 8.In North East Solutions Pty Ltd v Masters Home Improvement Australia Pty Ltd [2016] VSC 1 Croft J considered an express obligation to act in good faith. Under a written contract, North East Solutions agreed to build a Masters store for Woolworths. The con…