Jennings v Wilden

[2023] NSWCA 41

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Civil proceedings
3. › Appeal against liability
4. › Findings of fact by trial judge
5. › Whether trial judge applied appellate review standard to assessment of plaintiff's evidence
6. › Whether burden of proof reversed
7. › Fox v Percy (2003) 214 CLR 118
1. Evidence
2. › Civil proceedings
3. › Standard of proof
4. › Balance of probabilities
5. › Gravity of allegations
6. › Allegations of serious criminal conduct in civil proceedings
7. › Whether trial judge correctly applied Briginshaw standard
8. › Evidence Act 1995 (NSW), s 140
1. Damages
2. › Assessment
3. › Future economic loss
4. › Buffer award
5. › Whether $100,000 buffer excessive and unsupported by evidence
6. › Appellate review of damages assessment

Quick Take

A trial judge's use of "glaringly improbable" or "contrary to compelling inferences" language does not constitute reversible error if the judgment as a whole demonstrates correct application of the civil standard of proof, particularly where such language is used as an additional safeguard after positive credibility findings.