New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Evidence
admissibility; expert evidence; whether expert evidence satisfies requirement for admissibility under s 79 of Evidence Act 1995 (NSW); absence of demonstrated reasoning process; whether it was open to the primary judge to receive that evidence; whether expert evidence supported claims for damages
Museth v Windsor Country Golf Club Ltd
 NSWCA 327
defamation proceedings; whether denial of procedural fairness as a result of alleged failure to put truth or falsity of pleaded imputations to applicant; whether breach of rule in Browne v Dunn where applicant on notice of what respondents contended was his real purpose in bringing the proceedings
Toben v Nationwide News Pty Ltd
 NSWCA 296
findings of fact; civil standard; whether sufficient to reach a state of actual satisfaction; whether necessary to exclude all other possibilities
Chen v State of New South Wales (No 2)
 NSWCA 292
matter remitted to primary judge to reconsider findings following a successful appeal; whether primary judge erroneously repeated error in relying on certain evidence; whether failure to draw Jones v Dunkel inference adverse to respondents
RHG Mortgage Corporation Ltd v Ianni
 NSWCA 270
new evidence sought to be tendered on appeal; required to establish “special grounds” pursuant to Supreme Court Act 1970 (NSW), s 75A(8)
Larsen v Grace Worldwide (Australia) Pty Ltd
 NSWCA 251
Jones v Dunkel inference against bank; whether reliance justified
National Australia Bank Limited v Dionys as Trustee for the Angel Family Trust
 NSWCA 242
application seeking orders under Foreign Evidence Act 1994 (Cth); application sought that letter of request be issued to the judicial authorities of Israel to take the evidence of an individual; draft letter included request that, in aid of examination of the individual, orders be issued requiring the production of certain documents; whether production of documents in aid of or ancillary to examination of individual; whether request to take the evidence of a person as contemplated by the Act; relevant provisions of Foreign Evidence Act authorise orders directing the issue of a letter of request including a request seeking orders for the production of documents; not in the interests of justice in the relevant circumstances for an order to be made.
Rawson Finances Pty Ltd v Commissioner of Taxation
 FCAFC 95
hearsay; business records; where representations made in connection with investigation relating to or leading to a criminal proceeding; burden of proof; representations contained in records made by police officer responding to report of burning vehicle; Evidence Act 1995 (NSW), s 69(2)-(3).
Averkin v Insurance Australia Ltd
 NSWCA 122
expert evidence; medical practitioners; evidence of usual practice; patient’s denial of any warning of relevant material risk; limited cross-examination of experts; whether evidence properly assessed.
Biggs v George
 NSWCA 113
Jones v Dunkel inference; failure to call witnesses; whether inference valid where no reason to believe witnesses in camp of that party; unlikely witnesses would recall events or conversations.
Small v K & R Fabrications (W’gong) Pty Ltd
 NSWCA 70