https://www.chrisnowlan.com/briginshaw.pdfA majority is often described as ‘50% plus one’. Analogous to this, many lawyers assert that if the court is 51% certain of an alleged fact then it is ‘more likely than not’ and so the civil standard is met. This explanation was specifically rejected by Sir Owen Dixon J who held at page 362:
“. . . when the law requires the proof of any fact, the tribunal must feel an actual persuasion of its occurrence or existence ... It cannot be found as a result of a mere mechanical comparison of probabilities.”
This is remarkable as he is saying that the decision turns on how the tribunal ‘feels’ rather than on reason and logic.
50%+1 is a pretty low bar. to quantify the "balance of probability" seems to be subjective so maybe axiomwatson has a valid point.
