Smith v Smith
[2017] NSWSC 408
Citation 1
(Para 2)
…In Smith v Smith [2017] NSWSC 408, Lindsay J stated at [448]: Where an accounting party fails to keep proper accounts, and thereby renders problematic any exercise of accounting by the Court, the Court generally proceeds on a presumption against that party, resolving doubtful questions against the party whose actio…
Finlayson v Indigenous Business Australia
[2014] VSCA 95
Citation 2
(Para 1)
…e plaintiff’s statement of claim, save as to quantum of damages.[3] Boris thus admitted that: [3] Patrick Finlayson v Indigenous Business Australia [2014] VSCA 95 at [32]…
Damberg v Damberg (No 2)
[2001] NSWCA 433
Citation 3
(Para 1)
…Boris did not dispute this reduced figure at the trial assessment and I accept that it is appropriate.[4] [4] Damberg v Damberg (2001) 52 NSWLR 492, 520-2…
Sellars v Adelaide Petroleum NL
[1994] HCA 4
Citation 4
(Para 1)
…dence is obtainable, the court naturally expects to have it; where it is not, the court must do the best it can. [5] JLW v Tsiloglou [1994] 1 VR 237 at 241 (Brooking JA)…
Spellson v George
[1992] NSWCA 293
Citation 5
(Para 3)
…rds are kept should be regarded as reflected in a duty of a fiduciary kind, akin to that to which a trustee is subject (Spellson v George (1987) 11 NSWLR 300 ), to ensure that there is available to the company a means of being aware of what its property is and how it has been applied .…
Chan v Zacharia
[1984] HCA 36
Citation 6
…Cases Cited: Chan v Zacharia (1984) 154 CLR 178…
KQ International Trading Pty Ltd v Yang
[2016] VSC 146
Citation 7
(Para 4)
…rd keeping and failing dismally in leading any acceptable evidence about this aspect of the case .[10] [10] KQ International Trading Pty Ltd v Yang [2016] VSC 146 at [115].…