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...

Stay of execution of judgment pending appeal

Lockhart Shire Council v. King [2005] NSWCA 236   1 HANDLEY JA: I agree with Hodgson JA but wish to add some supplementary remarks of my own. 2 In my opinion the trial judge should not have required the appellant to pay part of the judgment as a condition of the stay...