Condos v Clycut Pty Ltd

[2009] NSWCA 200

NSW Court of Appeal

Built by Barristers,
For Australian Law.

1. Torts
2. › negligence
3. › proof of negligence
4. › sufficiency of evidence
5. › plaintiff allegedly struck by barricade blown over by strong wind in shopping centre
6. › no eyewitness evidence as to circumstances of plaintiff’s fall
7. › no evidence as to nature of any barricade
8. › no evidence that managing agent or security services appointed by occupier failed to discharge duties
9. › whether inference of negligence could be drawn
1. Evidence
2. › burden of proof, weight and sufficiency of evidence
3. › generally
1. Evidence
2. › unexplained failure to call witness
3. › whether adverse Jones v Dunkel inference could be drawn
4. › lack of forensic utility in drawing adverse Jones v Dunkel inference against all parties