Appeal

Appealing against the exercise of a judicial discretion

Elzahed v State of New South Wales [2018] NSWCA 103 When a court is invited to make a discretionary decision, to which many factors may be relevant, it is incumbent on the party who contends on appeal that attention was not given to particular matters to demonstrate that the primary judge’s attention was drawn to…

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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 established by the plaintiff.  In Fox v Percy,[10] the plurality, after referring to Warren…

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What is an "order"

Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCA 100 In written submissions, the respondent relied squarely upon the judgment of this Court in Director of Public Prosecutions (NSW) v Roslyndale Shipping Pty Ltd. [1] The respondent referred in particular to the statement by Spigelman CJ that “[i]n its natural and ordinary meaning, the…

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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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Oz standards not dispositive

Harrington Estates (NSW) Pty Ltd t/as Harrington Grove Country Club v Turner [2016] NSWCA 369 NEGLIGENCE – liability of occupier – liability of landscape architect – patron injured as stepped into garden bed in Club car park – true depth of garden bed obscured by vegetation – primary judge found Club liable but architect not…

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Appeal from District Court on seperate determination of liability

Damjanovic v. Sharpe Hume & Co. (Services) Pty. Ltd, .Damjanofic v. York Agencies Pty. Ltd., Damjanovic v. Rosier & Ors, Damjanovic v. Z. Spehar, Damjanovic v. I. Spehar [2001] NSWCA 130 3   The question of fact which was determined giving rise to the dismissal of the proceedings was essentially whether a signature of the plaintiff on…

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