Downes & Anor v Maxwell Richard Rhys & Co Pty Ltd (in liq)

• 1. Practice and Procedure
  2. › Procedural fairness
  3. › Self-represented litigants
  4. › Duty of trial judge to assist
  5. › Extent of duty to explain evidentiary consequences
  6. › Whether failure to warn of Jones v Dunkel reasoning denied procedural fairness
• 1. Practice and Procedure
  2. › Procedural fairness
  3. › Self-represented litigants
  4. › Admission of evidence
  5. › Affidavit admitted for limited purpose
  6. › Whether expanded use without further ruling constituted denial of procedural fairness
• 1. Evidence
  2. › Jones v Dunkel principle
  3. › Failure to call evidence
  4. › Duty to warn self-represented litigant of adverse inferential reasoning
• 1. Appeal
  2. › County Court
  3. › New trial ordered
  4. › Denial of procedural fairness at trial
  5. › Whether denial of natural justice could have affected outcome

Quick Take