Jagatramka v Wollongong Coal Limited

• 1. Appeal
  2. › Appeals from findings of fact
  3. › Inferences from primary facts
  4. › Two competing hypotheses on the evidence
  5. › Duty of appellate court to decide for itself which hypothesis more probable
  6. › Where neither hypothesis depends on credit of witnesses
• 1. Equity
  2. › Fiduciary duties
  3. › Directors
  4. › Conflict of interest and duty
  5. › No profit rule
  6. › Whether directors improperly used position to gain benefit
  7. › Whether undisclosed intention to reside at company property exclusively, indefinitely and continuously at time of board resolution
  8. › Corporations Act 2001 (Cth), ss 181(1), 182(1)
• 1. Evidence
  2. › Circumstantial evidence
  3. › Inferential reasoning
  4. › Links in the chain
  5. › Whether circumstances as proved made it reasonable to reach conclusion on balance of probabilities
  6. › Whether links gave rise to conflicting inferences of equal probability
• 1. Evidence
  2. › Inferences
  3. › Jones v Dunkel
  4. › Failure of party to give evidence
  5. › Whether inference that evidence would not have assisted party or would have been adverse
  6. › Whether failure to give evidence can fill gaps in evidence

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