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Evidence
Lee v Chai [2013] QSC 136   JUDGE: Peter Lyons J  ORDER:                                                                                       ...
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Virginia Nemeth (by her tutor) v Australian Litigation Funders Pty Ltd and Ors [2013] NSWSC 529   Judge Sackar J Decision See paragraph [328]. Catchwords CONTRACTS – heads of agreement – whether binding arrangement – use of extrinsic evidence in determining formation of contract – construction of contracts – use of extrinsic evidence in construction...
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Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 A useful review of the authorities where a decision maker fails to address a material issue or material evidence and whether it amounts to a constructive failure to exercise jurisdiction. Basten JA 8. The belated formulation of this ground appears to have owed something to the...
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Suncorp Metway Insurance Ltd v Kilner [2013] QCA 42 Fraser and Gotterson JJA concurred with Muir JA. In issue was the adequacy of primary judge’s reasons for: preferring the evidence of Dr Lotz as opposed to Dr De Leacy, together with preferring Dr Pentis to Dr McPhee; the credit of the plaintiff/respondent. The appeal was...
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Withyman (by his tutor Glenda Ruth Withyman) v State of New South Wales and Blackburn; Blackburn v Withyman (by his tutor Glenda Ruth Withyman) [2013] NSWCA 10 Some useful observations on credit and the interplay with contemporaneous notes and reconstruction of events: Allsop P 65. Mr Morris submitted that the blunt “Browne v Dunn” question...
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Robert Bax & Associates v Cavenham Pty Ltd [2012] QCA 177 I refer you to the judgment of Muir JA with whom Martin J and Holmes JA concurred, in relation to the admission of documents and their use: [46] In Queensland the practice has been that, where a party wishes to confine the evidentiary use...
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Mansi v O’Connor & Ors [2012] QSC 336 In a decision turning on the determination of a number possibilities as to the actual identity of the real tortfeasor, Her Honour’s discussion of the relevant legal principles is helpful. Ann Lyons J [1] On 23 July 2007 the Plaintiff was injured when his motorcycle hit a...
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Thiess Pty Ltd & Anor v Arup Pty Ltd & Ors [2012] QSC 131 A useful summary of the law… Applegarth J Relevant principles of admissibility [34] The Australian edition of Cross on Evidence summarises the conditions for admissibility of expert opinion as follows: “First, there must be a field of specialised knowledge. Secondly, there...
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I refer you to the summary of these decisions: Shafron v Australian Securities and Investments Commission [2012] HCA 18 (3 May 2012)  (PDF32K) And in particular the following may be construed from wording in s.9 paragraph (b)(i) “who makes,  or participates in making, decisions that affect the whole, or a  substantial part, of the business of...
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Rossi v Westbrook and Anor [2011] QSC 311 Liability was admitted in this ‘whiplash’ styled claim. The plaintiff’s credibility as to the extent of her impairment, pain or functionality was not believed. On this basis no award was made for gratuitous care or lost income or capacity. In addition, applying the rule in Jones v...
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