Hunt v Watkins

The appeal concerned a dispute between the plaintiff, Hunt, and the defendant, Watkins, in the District Court of New South Wales. The primary issue before the Court of Appeal was whether the trial judge, Blanch J, had erred in directing a verdict in favour of the defendant at the close of the plaintiff's evidence.

The Court of Appeal was required to determine whether the plaintiff's evidence, when taken at its highest, was capable of establishing a prima facie case, thereby entitling the plaintiff to have the matter determined by the jury. This involved an assessment of whether there was any evidence upon which a reasonable jury could find for the plaintiff.

The Court of Appeal found that the trial judge had incorrectly applied the test for a verdict by direction. It held that the plaintiff's evidence, when viewed in the most favourable light, did present a case that a jury could have considered. Consequently, the judge should not have withdrawn the case from the jury.

Accordingly, the Court of Appeal allowed the appeal, set aside the verdict and judgment of Blanch J, and ordered a new trial. The respondent was also to have a certificate under the Suitors’ Fund Act 1951 if entitled.