[EVIDENCE] - proof - standard of proof - civil - approach to assessment of credibility - burden of proof to the Briginshaw v Briginshaw standard - whether onus of proof in civil litigation is any different where the fact involves criminal conduct, fraud or serious misconduct - whether evidence of each witness should be assessed, on its own merits, for credibility - whether court can defer resolution of the question of credibility until all the facts have been found.
[LIMITATION OF ACTIONS] - limitation defence - fraudulent concealment - whether plaintiff's cause of action is statue barred - whether plaintiff proved, on the balance of probabilities, that he discovered fraudulent concealment to enliven the operation of section 55 of the Limitation Act (NSW) - whether defendants fraudulently concealed causes of action from the plaintiff.
[BUILDING AND CONSTRUCTION] - contract - building - performance - whether subcontract was terminated lawfully - whether first and second defendants paid all that was contractually due - whether notice of default and notice of termination was ineffective - whether first and second defendants unlawfully locked out plaintiff from the work site - whether first and second defendants unlawfully and without authority or cause, seized and converted the plaintiff's plant and equipment.
Case Details
Citation[2012] NSWSC 426
CourtNSWSC
JurisdictionNew South Wales
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