16 Feb 2012
ALLAN V PERPETUAL TRUST LTD HC DUN CIV 2011-412-000724
- Citation
- openlaw-78890e98_fdc0_4fec_b6cf_4c8e38fb2fa3.pdf
- Court
- High Court
Although some of the Family Court's discounting of hearsay and the wife's evidence was incorrect, on a full review of the evidence the appellate court was not satisfied on the balance of probabilities that Harry was the appellant's biological father; the evidence was equivocal (DNA did not identify the father, photographic comparisons were inconclusive, conflicting documentary evidence including Harry's will and solicitor instructions pointed to only Margaret), therefore the appeal failed and the declaration was refused.