Brendas v Genter

[2018] NSWCA 8

NSW Court of Appeal

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Interrogate

Catchwords

1. Evidence
2. › Admissions
3. › Probative value of admission
4. › Admission not based on personal knowledge
5. › Whether admission probative of fact admitted where maker had no knowledge of underlying legal rights
6. › Evidence Act 1995 (NSW), Pt 3.4
1. Evidence
2. › Failure to call witness
3. › Jones v Dunkel inference
4. › Whether failure of party to give evidence supports inference favourable to opposing party
5. › Whether inference available where no other evidence supports the proposition
1. Personal Property
2. › Conversion and detinue
3. › Right to immediate possession
4. › Machinery owned by company in administration
5. › Whether former director and guarantor established entitlement to machinery
6. › Whether right to immediate possession proved

Quick Take

An informal acknowledgement by a party that another has a right to possession of property is admissible as an admission but has no probative value where there is no evidence the maker had any knowledge of the underlying legal rights. The Jones v Dunkel rule cannot fill an evidentiary gap where the whole of the evidence does not support the inference sought to be drawn.