Jones v Dunkel

[1959] HCA 8 (3 March 1959)
(1959) 101 CLR 298
[1959] ALR 367

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Jones
v Dunkel

Court:

Judges: Dixon C.J.
Kitto
Taylor
Menzies
Windeyer JJ.

Subject References:
Negligence
Action
Collision between motor vehicles
No direct evidence of negligence
Matter of inference from proved facts
Sufficiency of facts to support inference
Practice
Direction to jury
Inference of negligence open on proved circumstances
Whether inference should be drawn
Defendant able to explain facts from which inference sought to be drawn
Failure of defendant to give evidence
What reliance to be placed by jury on such failure in deciding whether or not to draw inference
Nature of direction to jury
Practice
Non-suit
Verdict by direction
History
Application in New South Wales

Judgment date: 3 March 1959

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ORDER

APPEAL from the Supreme Court of New South Wales.

Appeal allowed with costs. Order of the Full Court of the Supreme Court of New South Wales set aside. In lieu therof order that the appeal to the said Court be allowed with costs, that the verdict be set aside and that a new trial be ordered. Costs of the former trial to abide the event.

The following written judgments were delivered:-