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Archive for Question with respect to a matter of law

Natural justice: requirement to deal with submissions, reasons

by Robert Sheldon
February 26th, 2013

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Categories Adversarial System, Judgments, Practice & Procedure, Procedural fairness, Question with respect to a matter of law, Reasons - requirement to give

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Kostas v HIA Insurance Services Pty Limited [2010] HCA 32

by Robert Sheldon
September 30th, 2010

French CJ:

The words “question with respect to a matter of law” are wide enough to encompass a question of mixed law and fact. Questions of fact and law are often closely intertwined[43].

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52. The primary judge decided a question, namely, the lawfulness of the termination of the contract, which was a question with respect to a matter of law.

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HAYNE, HEYDON, CRENNAN AND KIEFEL JJ:

91. A tribunal that decides a question of fact when there is “no evidence” in support of the finding makes an error of law[127]. What amounts to material that could support a factual finding is ultimately a question for judicial decision. It is a question of law. And in this case, for the reasons given by the primary judge, there was no evidence before the Tribunal, when it decided the separate question identified by the parties, upon which the Tribunal could find that the disputed notices had been served.

Categories Appeal, Question with respect to a matter of law, Words and phrases

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