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,...

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...

Apprehended bias

Jensen Laundry Systems Australia Pty Ltd v Raskopoulos [2015] NSWCA 352 22 The question raised by the application for disqualification on the basis of apprehended bias was whether “a fair-minded lay observer might reasonably apprehend that the judge might not bring an...
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