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...

TPD – test for error in the insurer/trustee’s decision

Whether the primary judge erred in his approach to the task of the Court in reviewing the Insurer’s opinion that Mr Jones was not Totally and Permanently Disable. Hannover Life Re of Australasia Ltd v Jones [2017] NSWCA 233 Headnote: The Court (Gleeson JA, Macfarlan...

Legislative mistakes

  Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCA 100 A definition using the term “means” is generally to be understood as exhaustively defined by what follows. Because the definition of “sentence” has 11 paragraphs, which include many kinds of order which...

Nature of an appeal

Nominal Defendant v Smith [2015] NSWCA 339 Basten JA [7] In considering the scope of an appeal so identified, it may be noted that s 75A does not apply to an appeal arising out of a jury trial.3 Nor is the appeal limited to grounds identifying error of law. It is,...