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...

Obligation to give reasons

Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 56 The Court is conscious of not picking over an ex tempore judgment and, too, of giving due allowance for the pressures under which judges of the District Court are placed by the volume of cases coming before them...

Trial judge's duty to give reasons

Mitchell v Cullingral Pty Ltd [2012] NSWCA 389   116 A trial judge has a duty to refer to material evidence and make findings about material issues in the case: Waterways Authority v Fitzgibbon [2005] HCA 57; (2005) 79 ALJR 1816 at [130] (Hayne J). The absence of...

MACA Claims Assessors: concise reasons

Zahed v IAG Limited t/as NRMA Insurance [2016] NSWCA 55 Leeming JA 3. Subsection 94(5) of the Motor Accidents Compensation Act 1999 (NSW) required the Assessor to “attach a brief statement to the certificate, setting out the assessor’s reasons for the assessment”....

Appeals are against orders not reasons

TriCare (Hastings) Limited v Allen [2015] NSWCA 344 10 It is well established that a “judgment or order” in the context of s 101(1)(a) of the Supreme Court Act refers to an operative judicial act, i.e., the formal judgment or order which when entered is binding on the...