Evidence : Burden of proof
6 cases · July 2017 to April 2026
Case Volume by Year
1 17
2 24
2 25
1 26
2017–2026
Key Issues & Sub-Topics
Balance of probabilities — Sections 101 and 102 of the Evidence Act 1950 — Evaluation of expert and factual evidence — Probative value of medical officer's post-mortem report versus independent statutory regulator's technical findings — Failure to conduct specific forensic tests (metallization test/EDX-SEM) — Premature conclusion of cause of death — Pre-existing medical condition (Myocardial Fibrosis). Adverse Inference — Section 114(g) of the Evidence Act 1950 — Alleged concealment of documents (maintenance records and Fire Department reports) 1 Section 101 Evidence Act 1950 — Burden on plaintiff to prove facts in issue — Whether burden discharged on balance of probabilities — Documentary evidence versus oral evidence — Contemporaneous documents to be preferred over subsequent recollections — Whether oral evidence contradicting contemporaneous documents admissible — Hearsay evidence — Section 60(1) Evidence Act 1950 requirement for direct evidence — Whether witnesses had personal knowledge of facts — Whether testimony based on direct observation — Adverse inference — Section 114(g) Evidence Act 1950 — Whether failure to call material witness warrants adverse inference — Whether evidence withheld would have been unfavourable to withholding party 1 Balance of probabilities — Evidence Act s. 101. CIVIL PROCEDURE: Full trial — Declaration whether Defendants have the right to collect maintenance — Deed of Mutual Covenant — Duty in relation management of building — Claim dismissed. CIVIL PROCEDURE: Representative action — Rules of Court 2012 O. 15 r 12 — Requirement for representative action. 1 Standard of evidence required for interlocutory injunctions — Assessment of risk of dissipation — Relevance of historical conduct — Whether allegations of dishonesty sufficient to establish risk of dissipation — Whether solid evidence required to demonstrate risk of dissipation 1 Credibility of witnesses — Documentary evidence versus oral testimony — Whether contemporaneous documents have probative value — Whether witness testimony internally contradictory and unreliable — Whether plaintiff discharged burden of proving case on balance of probabilities — Weight to be accorded to objective documentary evidence versus uncorroborated oral assertions 1 Whether approach adopted by High Court and Court of Appeal was correct regarding the discharge of burden of proof by plaintiff seeking judgment in respect of matters of a technical nature — Whether plaintiff had proven its case on balance of probabilities against defendants Evidence : Expert evidence — Onus upon plaintiff to establish facts which by their nature demand expert evidence under s 45 Evidence Act 1950 — Whether open to court to hold said onus to have been discharged without plaintiff calling any expert evidence — Required standard of an expert witness — Whether fulfilled. 1
Balance of probabilities — Sections 101 and 102 of the Evidence Act 1950 — Evaluation of expert and factual evidence — Probative value of medical officer's post-mortem report versus independent statutory regulator's technical findings — Failure to conduct specific forensic tests (metallization test/EDX-SEM) — Premature conclusion of cause of death — Pre-existing medical condition (Myocardial Fibrosis). Adverse Inference — Section 114(g) of the Evidence Act 1950 — Alleged concealment of documents (maintenance records and Fire Department reports) 1 case
Section 101 Evidence Act 1950 — Burden on plaintiff to prove facts in issue — Whether burden discharged on balance of probabilities — Documentary evidence versus oral evidence — Contemporaneous documents to be preferred over subsequent recollections — Whether oral evidence contradicting contemporaneous documents admissible — Hearsay evidence — Section 60(1) Evidence Act 1950 requirement for direct evidence — Whether witnesses had personal knowledge of facts — Whether testimony based on direct observation — Adverse inference — Section 114(g) Evidence Act 1950 — Whether failure to call material witness warrants adverse inference — Whether evidence withheld would have been unfavourable to withholding party 1 case
Balance of probabilities — Evidence Act s. 101. CIVIL PROCEDURE: Full trial — Declaration whether Defendants have the right to collect maintenance — Deed of Mutual Covenant — Duty in relation management of building — Claim dismissed. CIVIL PROCEDURE: Representative action — Rules of Court 2012 O. 15 r 12 — Requirement for representative action. 1 case
Standard of evidence required for interlocutory injunctions — Assessment of risk of dissipation — Relevance of historical conduct — Whether allegations of dishonesty sufficient to establish risk of dissipation — Whether solid evidence required to demonstrate risk of dissipation 1 case
Credibility of witnesses — Documentary evidence versus oral testimony — Whether contemporaneous documents have probative value — Whether witness testimony internally contradictory and unreliable — Whether plaintiff discharged burden of proving case on balance of probabilities — Weight to be accorded to objective documentary evidence versus uncorroborated oral assertions 1 case
Whether approach adopted by High Court and Court of Appeal was correct regarding the discharge of burden of proof by plaintiff seeking judgment in respect of matters of a technical nature — Whether plaintiff had proven its case on balance of probabilities against defendants Evidence : Expert evidence — Onus upon plaintiff to establish facts which by their nature demand expert evidence under s 45 Evidence Act 1950 — Whether open to court to hold said onus to have been discharged without plaintiff calling any expert evidence — Required standard of an expert witness — Whether fulfilled. 1 case
Key Statutes
Rules of Court 2012
cited in 4 cases Evidence Act 1950 (Cap 56)
cited in 3 cases Strata Titles Act 1985 (Cap 318)
cited in 1 case Contracts Act 1950 (Cap 136)
cited in 1 case Court Distribution
Key People & Firms
Top Judges
Top Firms
Top Lawyers
Cases
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MYHC
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MYFC