“In questions of this sort, where direct proof is not available, it is enough if the circumstances appearing in evidence give rise to a reasonable and definite inference: they must do more than give rise to conflicting inferences of equal degrees of probability so that the choice between them is mere matter of conjecture: see per Lord Robson, Richard Evans & Co. Ltd. v. Astley (1911) AC 674, at p 687. But if circumstances are proved in which it is reasonable to find a balance of probabilities in favour of the conclusion sought then, though the conclusion may fall short of certainty, it is not to be regarded as a mere conjecture or surmise: cf. per Lord Loreburn (1911) AC, at p 678″. (at p358)”

Sydney, Australia

1300 00 2088

LAW FIRM, Negligence, Personal Injury

Alford v Magee [1952] HCA 3

March 5, 1952 Legal Helpdesk Lawyers

ON 5 MARCH 1952, the High Court of Australia delivered Alford v Magee [1952] HCA 3; (1952) 85 CLR 437 (5 March 1952).

Sydney, Australia

1300 00 2088

Appeals, Costs, LAW FIRM

1951 | Suitor’s Fund Act 1951

November 1, 1951 Legal Helpdesk Lawyers

ON 1 NOVEMBER 1951, the NSW Suitor’s Fund Act 1951 commenced.

← Back

Thank you for your response. ✨

Contract, Damages, LAW FIRM

McRae v Commonwealth Disposals Commission [1951] HCA 79

August 27, 1951 Legal Helpdesk Lawyers

ON 27 AUGUST 1951, the High Court of Australia delivered McRae v Commonwealth Disposals Commission [1951] HCA 79; (1951) 84 CLR 377 (27 August 1951).

A court must determine damages as best it can. Difficulty in assessing damages does not justify non-assessment.

The defendant was ordered to pay the plaintiff damages for breach of contract, assessed as being his expenses incurred in reliance on the plaintiff’s promise to sell it a shipwrecked oil taker which was in fact, by the defendant’s mistake, a shipwrecked oil barge.

1300 00 2088

Appeals, Criminal Law, Criminal Procedure, Evidence, LAW FIRM

Kemp v R [1951] HCA 39

July 17, 1951 Legal Helpdesk Lawyers

ON 17 JULY 1951, the High Court of Australia delivered Kemp v R [1951] HCA 39; (1951) 83 CLR 341 (17 July 1951).

The accused had been indicted on three counts of indecent assault and acquitted of two. A new trial was held for the third, resulting in conviction.

During the new trial, the complainant gave evidence of similar acts consisting of offences on two occasions prior to the third. The High Court held that the evidence was not admissible as it may have included the two counts of which the accused had been acquitted.

Accordingly, the court held that the conviction could not stand. Instead of ordering a new trial, the court ordered that the conviction be quashed as the accused had served nearly two years of the sentence.

1300 00 2088

Constitutional law, LAW FIRM

Australian Communist Party v Commonwealth (“Communist Party case”) [1951] HCA 5

March 9, 1951 Legal Helpdesk Lawyers

ON 9 MARCH 1951, the High Court of Australia delivered Australian Communist Party v Commonwealth (“Communist Party case”) [1951] HCA 5; (1951) 83 CLR 1 (9 March 1951).

http://www.austlii.edu.au/au/cases/cth/HCA/1951/5.html

The Commonwealth Parliament enacted the Communist Party Dissolution Act 1950 (Cth) to dissolve the Australian Communist Party of Australia and also empower the Government to dissolve other associations. The High Court held that the legislation was invalid because it was beyond the power of the Commonwealth Parliament under the Constitution and the rule of law.

Sydney, Australia

1300 00 2088