27 Dec 1991
The conviction was upheld because the trial magistrate accepted the police evidence as honest, the discrepancies were not such as to cast reasonable doubt on the account of the arresting officer, and the quantity/packaging of the drugs together with loose cash meant the only reasonable inference was possession for the purpose of unlawful trafficking.
7 Jun 1984
Although a presumption of undue influence arose from the defendant's relationship and control of the deceased's affairs, the presumption was rebutted by evidence of independent solicitor advice, the deceased's apparent understanding, and corroborative evidence regarding disposition of funds; accordingly the Deed of Gift was upheld and the administrator's claim to set it aside failed, but limited recovery was ordered where accounting failed.
6 Jun 1980
The presumption of redundancy under s.31Q was not rebutted: the factual findings of diminished clerical requirements in the Claims Department together with a decrease in payroll numbers supported a finding of redundancy for the purposes of s.31B(2)(c); the employer failed to prove a lack of correlation with business-wide clerical requirements or that displaced clerks could be absorbed without a diminished need for clerks overall; therefore dismissals were mainly attributable to redundancy and severance payments were payable.
25 Oct 1976
Section 30 does not create a legal presumption shifting the burden to the accused; it only makes the signed response prima facie evidence which the accused can rebut; the magistrate misdirected himself by treating s30 as a presumption and the conviction was therefore unsafe and quashed.