Leave to appeal

State of New South Wales v Bouffler [2017] NSWCA 185 11. Leave to appeal will only be granted where there are substantial reasons to allow an appellate review: Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69; Rodi v Gelonesi [2012] NSWCA 424 at...

What is an “order”

Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCA 100 In written submissions, the respondent relied squarely upon the judgment of this Court in Director of Public Prosecutions (NSW) v Roslyndale Shipping Pty Ltd. [1] The respondent referred in particular to the...

Approach to factual findings in an appeal

  Ralston v Jurisich [2017] NSWCA 6 I do not think that there is any hard and fast rule. The general position established by Warren v Coombes [15] is that on an appeal by way of rehearing from a judge sitting without a jury, an appellate court is in general in as...

Judge's reasons

Toll Pty Ltd v Harradine [2016] NSWCA 374 69. … The basic principle is that stated by Meagher JA in Beale v Government Insurance Office of NSW, [19] when referring to “three fundamental elements of a statement of reasons”: “First, a judge should...