The Jones v Dunkel principle applies where the party bearing the onus of proof fails to call a witness plainly in a position to give evidence on the critical issue, entitling the tribunal of fact to infer that the evidence would not have assisted that party's case. Section 60 of the Evidence Act 1995 (NSW) does not operate on double hearsay to make the innermost statement evidence of the facts stated. When assessing damages for loss of non-monetary employment benefits such as discounted travel, the value to the plaintiff is not necessarily equal to the face value of the savings that would have been achieved compared with commercial rates.
The full text is available to signed-in members, including the 243 later cases that cite this judgment.
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