Chong v CC Containers Pty Ltd
[2015] VSCA 137
Citation 1
(Para 207)
…140As the Court of Appeal said in Chong v CC Containers Pty Ltd [2015] VSCA 137 at [207], “ the rule in Jones v Dunkel is a particular application of Lord Mansfield CJ’s maxim ‘that all evidence is to be weighed according to the proof it was in the power of one side to have produced and in the power of the other t…
Australian Securities and Investments Commission v Rich
[2009] NSWSC 1229
Citation 2
(Para 438)
…d I am considering whether there “ is an appropriate basis on which to reach a reasonable decision ” (see ASIC v Rich [2009] NSWSC 1229 at [438] (Austin J) and Shalhoub v Buchanan [2002] NSWSC 99 at [71] (Campbell J)). 152As the High Court said in ASIC v. Hellicar (2012) 247 CLR 342 at 412 paragraphs [165] and [166]…
Shalhoub v Buchanan
[2002] NSWSC 99
Citation 3
(Para 71)
…which to reach a reasonable decision ” (see ASIC v Rich [2009] NSWSC 1229 at [438] (Austin J) and Shalhoub v Buchanan [2002] NSWSC 99 at [71] (Campbell J)). 152As the High Court said in ASIC v. Hellicar (2012) 247 CLR 342 at 412 paragraphs [165] and [166] per French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ “…
Ho v Powell
[2001] NSWCA 168
Citation 4
…act does not exclude the rule in Jones v. Dunkel from also operating against a party not bearing the onus of proof (see Hodgson JA in Ho v Powell (2001) 51 NSWLR 572 (“ Ho ”) at [16] cited in Cross on Evidence, 8th Australian edition (“ Cross ”) at [1215]). However, as Hodgson JA said in Ho at [15], citing Blatch v A…
Fabre v Arenales
[1993] HCATrans 24
Citation 5
…155As Mahoney JA said in the New South Wales Court of Appeal decision of Fabre v. Arenales (1992) 27 NSWLR 437 at 449-50 (Priestley and Sheller JJA concurring), cited in Cross at [1215], “ The significance to be attributed to the fact that a witness did not give evidence will in the end depend upon whether, in the cir…