DRIVER v. THE WAR SERVICE HOMES COMMISSIONER

[1924] VLR 515·CUSSEN, A.-C.J., McARTHUR J., and WEIGALL, A.-J.
[1924] VLR 515
1924 VLR 515
DRIVER v. THE WAR SERVICE HOMES COMMISSIONER Supreme Court of Victoria CUSSEN, A.-C.J., McARTHUR J., and WEIGALL, A.-J. August 5, 6, 11, 12, 13, 14, 15, 1924, 26 September 1924 ArbitrationSpecial caseApplication to Court to direct statement of"Matter of law arising in the course of the reference," what isConflict of evidenceNo evidenceFunction of arbitratorsArbitration Act 1915 (No. 2614), s. 19 .

Where, in proceedings before arbitrators, there is a real conflict of evidence, no question of law (within the meaning of that expression in sec. 19 of the Arbitration Act 1915) arises as to the sufficiency of the evidence to justify any finding, and no such question arises even if the evidence (at all events if it be wholly or partially oral) is all on one side if on that side is the onus of proof, but the question of whether there is, or is not, any evidence upon which there might properly be a finding in favour of the person on whom is the onus of proof may be a question of law.

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[1924] VLR 515

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