Jones v Dunkel
| Jurisdiction | Australia Federal only |
| Judgment Date | 1959 |
| Neutral Citation | 1959-0303 HCA A,[1959] HCA 8 |
| Year | 1959 |
| Date | 1959 |
| Court | High Court |
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1688 cases
- Visa International Service Association v Reserve Bank of Australia
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Muin v Refugee Review Tribunal
...or that the plaintiff was disadvantaged by what occurred in relation to the Part B documents. 25 It was argued for the plaintiff that Jones v Dunkel1 supported an inference that the Tribunal member had not read, and had regard to, the Part B documents. Relating Jones v Dunkel to a case stat......
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Minister for Immigration and Multicultural Affairs v Jia
...had reached in his mind. The drawing of these inferences, for which the appellant bears a heavy onus, is aided by the application of the Jones v Dunkel principle applied to the absence of any evidence from the respondent when issues were raised on the evidence for him to answer. … Conscious......
- Egglishaw v Australian Crime Commission
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15 firm's commentaries
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Property & Projects - What's News - 2 June 2015
...– Credibility and weight – Party's failure to adduce evidence on fact in issue – Adverse inference – Application of Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298. PRINCIPAL AND AGENT – Whether finance broker agent of lender – Whether broker acting for borrower or lender – Sub-agent. REAL ......
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Inside track: Property & Real Estate: In the media, reports, cases and legislation
...that the agent be authorised in writing - Instruments Act 1958, s 126(1). EVIDENCE - Failure to call witness - Rule in Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 - Does not apply against a defendant until the plaintiff has proved a case for the defendant to answer - Does not require a ......
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Property & Projects - What's News in Property & Projects - 26 June 2012
...information in announcements to ASX – Board reporting. EVIDENCE – Reliability of Plaintiffs' witnesses – application of Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 – application of Browne v Dunn (1893) 6 R 67 (HL) – Evidence Act 2008 (Vic) s 140. More... Joseph Street Pty Ltd & Ors ......
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Property & Projects - What's News in Property & Projects - 13 June 2012
...Pty Ltd (2002) 117 FCR 301; Legione v Hately [1983] HCA 11; (1983) 152 CLR 406; Stern v Mac Arthur (1988) 165 CLR 459; Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 referred to – Retail Tenancies Act 1986 ss 17(1)(b) and 17(2). COSTS – Applications for leave to appeal against order for co......
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3 books & journal articles
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Litigation
...Gleeson JA; Cape Byron Power I Pty Ltd v HSB Engineering Insurance Ltd [2017] NSWSC 1081 at [48]–[60], per Parker J. 478 Jones v Dunkel (1959) 101 CLR 298; Wisniewski v Central Manchester Health Authority [1998] Lloyd’s Rep Med 223 (CA); Bailey v Redebi Pty Ltd [1999] NSWSC 918 at [92], per......
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The Importance of Full and Frank Disclosure in Family Law Financial Proceedings and the Many Consequences of Non-Disclosure
...where Young CJ in Eq limited the ‘Jones v Dunkel’ label to inferences drawn against a party who does not bear the onus of proof. 133 (1959) 101 CLR 298. 134 Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd (2011) 16 ANZ Ins Cas 61-885, 78 771 [78] (Besanko, Perram and Katzmann JJ)......
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The influence of Professor J.H. Wigmore on evidence law in Australia
...Wales Law Journal 19 at 48 (Table 5). 22. See Burns, above n. 1 at 133.23. Briginshaw v Briginshaw (1938) 60 CLR 336.24. Jones v Dunkel (1959) 101 CLR 298.25. Chamberlain v R (1984) (No. 2) 153 CLR 521.26. Briginshaw, above n. 23, per Dixon J at 363; Jones v Dunkel, above n. 24, per Windeye......