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Hussein v Insurance Manufacturers of Australia Ltd

Hussein v Insurance Manufacturers of Australia Ltd

Case [2016] VMC 26

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AGLC: Hussein v Insurance Manufacturers of Australia Ltd [2016] VMC 26
Case: [2016] VMC 26
Decision Date: 21 DECEMBER 2016

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Hussein v Insurance Manufacturers of Australia Ltd [2016] VMC 26

Cases Citing This Decision

Cases Cited

Statutory Material Cited

Chong v CC Containers Pty Ltd [2015] VSCA 137
Citation 1 (Para 157)

…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 (Para 159)

…he sense that I can 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…
United Group Resources Pty Ltd v Calabro (No 5) [2011] FCA 1408
Citation 3 (Para 149)

…proved ”.[12] The ways in which this principle operates was explained by McKerracher J in United Group Resources Pty Ltd v Calabro (No 5) (2011) 198 FCR 514 at [74] and [75] as follows:…
Morley v Australian Securities and Investments Commission [2010] NSWCA 331
Citation 4 (Para 156)

…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 5 (Para 159)

…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 [14] .…
HML v The Queen [2008] HCA 16
Citation 6 (Para 303)

…[12] HML v R (2008) 235 CLR 334 at [303]…
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Competition and Consumer Commission [2007] FCAFC 132
Citation 7 (Para 158)

…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 8 (Para 159)

…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 9 (Para 156)

…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). As I mentioned much earlier in these reasons I approached my consideration of the evidence and the allegation of the staged…
Hammoud Brothers Pty Ltd v Insurance Australia Ltd [2004] NSWCA 366
Citation 10

…and should be dealt with in accordance with the principle expressed by Dixon J in Briginshaw: see H ammoud Brothers Pty Ltd v Insurance Australia Ltd [2004] NSWCA 366 [at para 30 and 31]…
Clay v Clay [2001] HCA 9
Citation 11 (Para 55)

…he factual contentions separately but also to form an appreciation of the overall effect of the whole of the evidence’ (Clay v Clay (1999) 20 WAR 427 (at [55])), by considering ‘the weight which is to be given to the united force of all the circumstances put together’ (Belhaven and Stenton Peerage [1875] 1 App Cas 2…
Seltsam Pty Ltd v McGuiness [2000] NSWCA 29
Citation 12

…Reliance on inference – the principle Proof of any fact on the balance of probabilities can be established by circumstantial evidence (Seltsam Pty Ltd v McGuiness (2000) 49 NSWLR 262 (at [90])); that is, by proof of primary, or intermediate, facts from which the court infers a further fact (Shepherd v The Queen (1990) 170 CLR 573 (a…
Clay v Clay [1999] WASCA 8
Citation 13 (Para 55)

…te each of the factual contentions separately but also to form an appreciation of the overall effect of the whole of the evidence’ (Clay v Clay (1999) 20 WAR 427 (at [55])), by considering ‘the weight which is to be given to the united force of all the circumstances put together’ (Belhaven and Stenton Peerage [1875]…
G v H [1994] HCA 48
Citation 14

…[9]: G v H (1994) 181 CLR 387, at 390…
Shepherd v The Queen [1990] HCA 56
Citation 15

…000) 49 NSWLR 262 (at [90])); that is, by proof of primary, or intermediate, facts from which the court infers a further fact (Shepherd v The Queen (1990) 170 CLR 573 (at 579). The primary facts can themselves be the product of inference from other facts. The applicants and the ABCC submit that in this case, in which…
Chamberlain v The Queen (No 2) [1984] HCA 7
Citation 16

…pose of considering whether this test is met the Court must ‘consider the accumulation of the evidence’ (Chamberlain v The Queen (No 2) (1984) 153 CLR 521 (at 535)). It is appropriate ‘not only to evaluate each of the factual contentions separately but also to form an appreciation of the overall effect of the whole o…
Finance Facilities Pty Ltd v Federal Commissioner of Taxation [1971] HCA 12
Citation 17

…[11] Jones v Dunkel at 312 and Finance Facilities Pty Ltd v Federal Commissioner of Taxation (1971) 127 CLR 106 at 119…
Jones v Dunkel [1959] HCA 9
Citation 18 (Para 146)

…and I am satisfied that the failure to take steps to secure his attendance should be viewed adversely in accordance with the principle in Jones v Dunkel (1959) 101CLR 298. It would also have reasonably been anticipated that the plaintiff would adduce evidence from his brother in law to corroborate the price for which th…
Jones v Dunkel [1959] HCA 8
Citation 19

…t as a circumstance in favour of drawing the inference’ that the unrepresented respondents had an industrial motivation (Jones v Dunkel (1959) 101 CLR 298 (at 312) and Finance Facilities Pty Ltd v Federal Commissioner of Taxation (1971) 127 CLR 106 (at 119)). The significance of this circumstance lies in the principl…
May v O'Sullivan [1955] HCA 38
Citation 20

…[1953] VLR 629 (at 634)) and makes ‘the inference … less unsafe than it could otherwise possibly appear’ (May v O’Sullivan (1955) 92 CLR 654 (at 658-659)) (b)The fact that the unrepresented respondents have not denied that they were industrially motivated, or given evidence in support of such a denial, may more rea…
Insurance Commissioner v Joyce [1948] HCA 17
Citation 21

…(a)It confirms any inferences that may properly be drawn against the unrepresented respondents (The Insurance Commissioner v Joyce (1948) 77 CLR 39 (at 61)), rendering more probable the inferences against them that are open on the evidence (Jones v Dunkel (at 312), Black v Tung [1953] VLR 629 (at 634)) and makes ‘…
Briginshaw v Briginshaw [1938] HCA 36
Citation 22 (Para 154)

…tandard of proof is the same as it is at common law that is, 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 23 (Para 154)

…same as it is at common law that is, 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…
Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCATrans 297
Citation 24 (Para 157)

…ople do not ordinarily engage in criminal conduct and a court should not lightly make such findings: Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 at 449-450. Similarly, in a civil proceeding involving circumstantial evidence to prove allegations of dishonesty, as is in play in this case, it is…

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