Lee v Lee
[2019] HCA 28
Citation 1
…Factual error 42In Lee v Lee (2019) 266 CLR 129, Bell, Gageler, Nettle, and Edelman JJ explained:[16] A court of appeal is bound to conduct a ‘real review’ of the evidence given at first instance and of the judge’s reasons for judgment to determine whether the trial judge has erred in fact or law. Appellate restraint…
Byrne v The Owners of Ceresa River Apartments Strata Plan 55597
[2016] WASC 153
Citation 2
…able to demonstrating legal, factual or discretionary error. Legal error 41In Byrne v Owners of Ceresa River Apartments Strata Plan 55597 [2016] WASC 153, Pritchard J explained:[15] The merits of administrative decisions (and the findings of fact which are the basis for those decisions) are thus reserved for the d…
Wickey v McVicar
[2012] ACTCA 38
Citation 3
…Discretionary error 43In House v The King (1936) 55 CLR 499 (‘ House ’), Dixon, Evatt, and McTiernan explained:[17] It is not enough that the judges composing the appellate court consider that, if they had been in the position of the primary judge, they would have taken a different course. It must appear that some e…
Knight v Bell
[2000] VSCA 48
Citation 4
…gistrate makes more detailed reference to the factors which she considered and then set out in the striking out order. [13] Knight v Bell [2000] VSCA 48 per Ormiston JA at [11-12] [14]Rogers v R (1994) 181 CLR 251 at 286 40Turning to consider the legal principles applicable to demonstrating legal, factual or disc…
Rogers v The Queen
[1994] HCA 42
Citation 5
…ch she considered and then set out in the striking out order. [13] Knight v Bell [2000] VSCA 48 per Ormiston JA at [11-12] [14]Rogers v R (1994) 181 CLR 251 at 286 40Turning to consider the legal principles applicable to demonstrating legal, factual or discretionary error. Legal error 41In Byrne v Owners of Ceresa Ri…
Stead v State Government Insurance Commission
[1986] HCA 54
Citation 6
…t is entirely unclear in what way that further information would have made any difference to the outcome.[20] [20] Stead v SGIO (1986) 161 CLR 141 at 145 67For this reason, this ground must also be dismissed. 68Having dealt with these matters which go to the reasons behind the orders of Magistrate Medina in the makin…
Minister for Aboriginal Affairs v Peko-Wallsend Ltd
[1986] HCA 40
Citation 7
…5 CLR 499 at 504–5. [18]Other High Court authorities on these appellate principles include: Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 [5]; Macedonian Orthodox Community Church St Petka Incorporated v His Eminence (2008) 237 CLR 66 [138].…
Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar the Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand
[2008] HCA 42
Citation 8
…ter for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 [5]; Macedonian Orthodox Community Church St Petka Incorporated v His Eminence (2008) 237 CLR 66 [138].…
AAA v County Court of Victoria & Ors
[2023] VSC 13
Citation 9
…Safety Intervention Orders Act 2010 Cases Cited: MNX (a pseudonym) v TNV (a pseudonym) [2022] VSC 592, AAA v County Court of Victoria [2023] VSC 13 Judgment: Appeal dismissed…
MNX (a pseudonym) v TNV (a pseudonym)
[2022] VSC 592
Citation 10
…ntervention orders Legislation Cited: Personal Safety Intervention Orders Act 2010 Cases Cited: MNX (a pseudonym) v TNV (a pseudonym) [2022] VSC 592, AAA v County Court of Victoria [2023] VSC 13 Judgment: Appeal dismissed…