› Where primary judgment not dependent on credibility findings
› Court obligated to conduct real review of evidence and reasons
› Supreme Court Act 1970 (NSW), s 75A
Evidence
› Circumstantial evidence
› Standard of proof in civil proceedings
› Gravity of allegations
› Whether plausible hypotheses consistent with innocence
› Evidence Act 1995 (NSW), s 140
Quick Take
PIR sensor evidence constitutes objective evidence capable of independent appellate review in insurance arson cases, and financial motive alone is a 'flimsy basis' for a conclusion of arson.