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Archive for February 2017

Review of single appellate judge orders by full court

Supreme Court Act, 1970 46   Powers of Judge of Appeal (1)  A Judge of Appeal may exercise the powers of the Court of Appeal:        (a)  to give any judgment by consent or make any order by consent,        (b)  to dismiss an appeal or other proceedings for want of prosecution or for other…

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Scope of orders available on judicial review

 In the exercise of the Court’s supervisory jurisdiction, the Court is not limited to granting only that kind of relief which might have been available under the prerogative writs. The Court can make an order not merely quashing the determination of the court below, but making in its place the only order available in law,…

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Circumstantial case: the fact finding process

The Nominal Defendant v Cordin [2017] NSWCA 6 In the present case there was a great deal of contemporaneous evidence that assisted in the task of ascertaining what happened in the accident. The trial judge considered this evidence in some detail but the approach he took was to consider each piece of evidence individually to…

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Manifest unreasonableness: s. 43A CLA; s. 45 CLA

On 1 January 2010, the appellant, John Douglas Mansfield, drove his fully laden water truck along the single lane track of Greens Crossing Road, just south of Stroud. On crossing over a culvert, the left hand side of the bank gave way, resulting in his truck rolling over into the water course injuring him. The…

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