Bukewitsch v Goodman

[2020] TASSC 31

Supreme Court of Tasmania

Built by Barristers,
For Australian Law.

1. Evidence
2. › Proof
3. › Burden of proof
4. › Generally
5. › Acknowledgment of deed under seal
6. › Defendant must allege and prove payment by way of discharge as a defence to an action for indebtedness in respect of executed consideration
7. › No documentary proof that payment was made - Failure of creditor to complain did not displace the onus
8. › Defendants failed to satisfy the onus
9. › Defendants' failure to subpoena bank documents a significant factor.
1. Young v Queensland Trustees Limited [1956] HCA 51; (1956) 99 CLR 560, followed.
1. Aust Dig Evidence [1203]
1. Deeds
2. › Deed poll
3. › Unilateral acknowledgment of debt under seal
4. › Deed a speciality
5. › Argued debt merged in deed and deed's terms conclusive.