Witness credibility (deceased estates)
(Source: Isin v Ozen [2016] NSWSC 1480) It is plain that the credibility of witness evidence is critical (lets say determinative) in cases where conversations are alleged with a deceased (for want of a better word!). There may or sometimes will usually be contemporaneous documents including where authenticity of such documents is not in issue. […]
Read MoreBreach of duty of care – motor vehicle accidents – you decide?
You decide ?Mr Kidd gave evidence that he was driving a yellow bus, proceeding south-easterly on Talavera Road when he faced a red light at the Herring Road intersection and came to a stop. He had been a professional bus driver for six years and was well familiar with the intersection. He said the green […]
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Product liability
Source: www.fasterway.com.au This is a typical fracture surface. This is a threaded connection (hence the appearance of a depression around the circumference). The fracture surface was smooth, flat, and perpendicular to the principal axis of the bolt. Crack progression marks (beach marks) extended radially from one side of the bolt and covered approximately 90% of the fracture […]
Read MoreLegal nature of a cheque
Paciocco v Australia and New Zealand Banking Group Limited [2014] FCA 35 (5 February 2014) Para 93 The issue of a cheque by a customer, or the giving of a payment instruction or withdrawal request to its bank, which would have the effect of overdrawing a customer’s account, is construed as a request by the […]
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