Musa v Alzreaiawi

The appeal concerned an allegation of forgery of a signature on a transfer form. The appellant, Musa, alleged that the signature of the transferor was not genuine, while the respondent, Alzreaiawi, contended it was. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the standard of proof for establishing a forged signature required "clear and cogent proof" in light of the principles established in *Briginshaw v Briginshaw*, and whether a *Jones v Dunkel* inference could be drawn on appeal regarding the evidence of an attesting witness who was not called by either party at trial.

The Court of Appeal held that the standard of proof in civil proceedings, including allegations of fraud or forgery, is the balance of probabilities, as codified in s 140 of the *Evidence Act 1995* (NSW). It affirmed that while the seriousness of an allegation may influence the degree of satisfaction required to meet that standard, it does not alter the standard itself. The Court found that the appellant had not established that the signature was forged on the balance of probabilities. Furthermore, the Court declined to draw the *Jones v Dunkel* inference on appeal, noting that the attesting witness's evidence might have been relevant to the issue of forgery, and it was not established that such evidence could not have been given.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal.