Leave to appeal
in Appeal
This site consists of case excerpts, journal articles and reference sources which have been of relevance to me over my practice as a barrister
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Appeals are against orders not reasons
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Reviewing factual findings on appeal
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Grappling with competing evidence
in Fact Finding -
Stay of execution of judgment pending appeal
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The "Ferrcom inference": what it is and is not
in Fact Finding -
Fact finding and the effect of a lie
Schultz v McCormack [2015] NSWCA 330
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Negligent home owner
in Recent casesSchultz v McCormack [2015] NSWCA 330 The appellant, Sheran Ann Schultz, was injured when she slipped and fell on a tiled floor, which was, in effect, the top step of the verandah of the home of the respondents, Norman McCormack…
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Public pool – swimmer in training: no negligence in council
in Recent casesUniting Church in Australia Property Trust (NSW) v Miller; Miller v Lithgow City Council [2015] NSWCA 320 NEGLIGENCE – school student injured while training in Council pool – pupil directed by swimming coach employed by School to dive into shallow…