“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)”
ON THIS DAY IN 2004, the NSW Court of Appeal delivered Harvey & 1 Ors v PD [2004] NSWCA 97. A doctor performing STD tests upon a couple has a duty before the tests are performed to obtain the couple’s consent to share the results.
ON THIS DAY IN 1985, the High Court of Australia delivered R v Crabbe [1985] HCA 22; (1985) 156 CLR 464 (26 March 1985). Douglas Crabbe killed five people and injured many more when he drove a Mack truck into a bar at Uluru after being refused service of alcohol. He was tried for murder on the grounds of recklessness as opposed to intent.
“…a person who, without lawful justification or excuse, does an act knowing that it is probable that death or grievous bodily harm will result, is guilty of murder if death in fact results.”
ON THIS DAY IN 1994, the High Court of Australia delivered Burnie Port Authority v General Jones Pty Ltd [1994] HCA 13; (1994) 179 CLR 520; (1994) Aust Torts Reports 81-264; (1994) 120 ALR 42; (1994) 68 ALJR 331 (24 March 1994). The rule in Rylands v Fletcher was abolished so that the determination of liability for harm caused by dangerous substances or activities on premises comes under the principles of negligence rather than strict liability.
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LEGAL HELPDESK LAWYERS is a new generation private legal practice that offers legal guidance to individuals and businesses in Sydney’s Lower North Shore and Northern Beaches.
We provide information, advice and advocacy to those who need – or might need – legal representation in any area of law.
If required, we refer customers to a reliable network of specialist lawyers. We take the guesswork out of finding a good lawyer.
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Confidentiality and privacy is protected by law.
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LEGAL HELPDESK LAWYERS is a new generation private legal practice that offers legal guidance to individuals and businesses in Sydney’s Lower North Shore and Northern Beaches.
We provide information, advice and advocacy to those who need – or might need – legal representation in any area of law.
If required, we refer customers to a reliable network of specialist lawyers. We take the guesswork out of finding a good lawyer.
Legal Helpdesk is at Bridgepoint Mosman near the Level 1 footbridge to Fitness First
Our mission is to promote better local access to good legal help.
Confidentiality and privacy is protected by law.
1300 00 2088
SYDNEY, AUSTRALIA
1300 00 2088
ALL AREAS OF LAW administrative law, advice, advocacy, animal law, arbitration, attorneys, aviation law, banking and finance, bankruptcy, barristers, business law, breach of duty of care, civil liability, civil litigation, commercial law, commercial leases, common law, communications law, company law, compensation, conciliation, consumer law, contract, conveyancing, copyright, corporate law, corporations law, costs, criminal law, criminal litigation, death and disability, debt recovery, defamation law, disability discrimination law, discrimination, dispute resolution, divorce, elder law, employment law, environmental law, equity, estate planning, ethics, family law, guardianship, harassment and workplace bullying, health law, human rights, immigration, industrial law, insolvency, intellectual property, labour law, land and environment court, land law, landlord and tenant, lawyer referral, lawyers, leases, licensing law, liquor law, litigation, local government, malpractice, media law, mediation, medical law, mortgages, motor vehicle law, negligence, occupational health and safety law, partnerships, planning law, powers of attorney, privacy law, pro bono, probate law, professional negligence, professional standards, property law, residential leases, revenue law, securities law, settlements, shipping law, social security, solicitors, sports law, succession, superannuation law, tax law, torts, total and permanent disablement, traffic law, transport law, wills, workplace law
LEGAL HELPDESK LAWYERS is a new generation private legal practice that offers legal guidance to individuals and businesses in Sydney’s Lower North Shore and Northern Beaches.
We provide information, advice and advocacy to those who need – or might need – legal representation in any area of law.
If required, we refer customers to a reliable network of specialist lawyers. We take the guesswork out of finding a good lawyer.
Legal Helpdesk is at Bridgepoint Mosman near the Level 1 footbridge to Fitness First
Our mission is to promote better local access to good legal help.
1300 00 2088
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