Actions
Cases Citing This Decision
0
Statutory Material Cited
0
-
Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd
[2015] HCA 37
Citation 1
(Para 232)
…In Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37, French CJ, Nettle and Gordon JJ summarised the applicable principles of contractual interpretation in these terms:…
-
NOM v Director of Public Prosecutions
[2012] VSCA 198
Citation 2
(Para 253)
…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 [20…
-
Jackson v Lithgow City Council
[2008] NSWCA 312
Citation 3
(Para 253)
…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. I have reached my conclusions by reference to and applying these principles.…
-
Carney v Newton
[2006] TASSC 4
Citation 4
(Para 253)
…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…