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...

Oz standards not dispositive

Harrington Estates (NSW) Pty Ltd t/as Harrington Grove Country Club v Turner [2016] NSWCA 369 NEGLIGENCE – liability of occupier – liability of landscape architect – patron injured as stepped into garden bed in Club car park – true depth of garden bed obscured by...

Leave to appeal – principles

Gibson v Drumm [2016] NSWCA 206 There are no exhaustive or rigid rules of practice or criteria governing the grant of leave to appeal: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; 148 CLR 170. However, it has been consistently stated that...