The place of “error” in the appellate process

STRINGER & OR v WESTFIELD SHOPPING CENTRE MANAGEMENT CO (SA) PTY LTD [2017] SASCFC 138 A trial Judge has primary responsibility for factual adjudication.  The Judge’s findings should not be disturbed unless good and sufficient reason to do so is positively...

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...

    Insurance Australia Ltd t/a NRMA Insurance v Milton [2016] NSWCA 156 LEEMING and SIMPSON JJA: We agree that the appeal must be dismissed with costs for the reasons given by Basten JA. We wish to add some observations concerning the costs of this appeal....

NSW Court of Appeal: discussion of powers

Wende v Horwath (No 2) [2015] NSWCA 416 Beazley ACJ at [1];
 Basten JA at [91];
 Adamson J at [142] 15 …as the proceedings before the Court were brought pursuant to the Supreme Court Act 1970 (NSW), s 69 by way of judicial review, the Court is concerned with...

Stay pending appeal

Boral Ltd v Foley & Bear Pty Ltd trading as J&R Industries [2015] NSWCA 360 The principles applicable to the grant of a stay were conveniently summarised by Gleeson JA in Lawrence v Gunner [2015] NSWCA 322 as follows: “11   A successful party is prima facie...