Section 140 — Evidence Act 1995 (NSW)

(1) In a civil proceeding, the court must find the case of a party proved if it is satisfied that the case has been proved on the balance of probabilities.
(2) Without limiting the matters that the court may take into account in deciding whether it is so satisfied, it is to take into account—
(a) the nature of the cause of action or defence, and
(b) the nature of the subject-matter of the proceeding, and
(c) the gravity of the matters alleged.

Related sections

• s 137 — Exclusion of prejudicial evidence in criminal proceedings
• s 138 — Exclusion of improperly or illegally obtained evidence
• s 139 — Cautioning of persons
• s 141 — Criminal proceedings: standard of proof
• s 142 — Admissibility of evidence: standard of proof
• s 143 — Matters of law

Research how courts apply s 140

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.