A Magistrate's finding that a plaintiff is 'a witness of truth' is a limited finding about honesty and does not preclude a further finding that the plaintiff has not discharged the onus of proving the insured event on the balance of probabilities. In insurance theft claims, the insurer may run a positive case (e.g., alleging fraud) without undertaking more than an evidentiary burden; the onus of proving theft remains on the insured throughout.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.