40Findings in proceedings to be evidence

40 Findings in proceedings to be evidence In an action for damages or in an application under section 39 or 45 for an order against a person— (a) a finding of any fact by a court made in proceedings under section 38, is evidence and, in the absence of evidence to the contrary, proof of that fact; and (b) the finding may be proved by production of a document under the seal of the court from which the finding appears.