CDirector of Public Prosecutions v XY (a pseudonym)
[2025] VSC 661
…[7]Ibid 292 [35], citing Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 (Bathurst CJ and Bell P).…
Director of Public Prosecutions (NSW) v JS
[2025] NSWSC 1172
Para 41
…The meaning of a “question of law” depends on the construction of the relevant statute. In Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220, Bathurst CJ and Bell P observed that:…
Hawach v A & a Building Services Pty Ltd
[2025] NSWSC 1174
Para 44
…cases such as Attorney-General for the State of New South Wales v X (2000) 49 NSWLR 653; [2000] NSWCA 199 at [44]; Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [60]; and Hanave Pty Ltd v Nomad Sydney Pty Ltd (formerly Wine Nomad Pty Ltd) [2023] NSWSC 265 at [45] per Chen J). (8) The existen…
R v Skapik
[2025] NSWCCA 19
Para 10
…retion to answer the question of law submitted by the stated case: see Attorney-General v X at [16], [18]-[23] and Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCA 220 at [112]-[120] (Bathurst CJ and Bell P, Johnson, Garling and Lonergan JJ agreeing), considering s 5AE of the Criminal Appeal Act .…
Donohoe v Albulario
[2025] NSWSC 9
Para 25
…raised below and therefore not a point on which the Tribunal below could be said to have erred. [16] 15. See, Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 (“Orr”). 16. Mir Bros Unit Constructions Pty Ltd v Roads and Traffic Authority (NSW) [2006] NSWCA 314 at [27] (Spigelman CJ).…
Makowska v St George Community Housing Limited
[2024] NSWSC 1243
Para 44
…ases such as A ttorney-General for the State of New South Wales v X (2000) 49 NSWLR 653; [2000] NSWCA 199 at [44]; Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [60]; and Hanave Pty Ltd v Nomad Sydney Pty Ltd (formerly Wine Nomad Pty Ltd) [2023] NSWSC 265 at [45] per Chen J). (8) The existen…
Dokas v Gallagher (No 2)
[2024] NSWCA 236
Para 44
…Attorney-General for the State of New South Wales v X (2000) 49 NSWLR 653; [2000] NSWCA 199 at [44]; Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [60]; and Hanave Pty Ltd v Nomad Sydney Pty Ltd (formerly Wine Nomad Pty Ltd) [2023] NSWSC 265 at [45] per Chen J). (8) The existence of a questi…
Oliveri Legal Pty Ltd v Danis
[2024] NSWSC 1063
…SWLR 653; [2000] NSWCA 199 at [44]; R v XHR [2012] NSWCCA 247 at [23] (‘ XHR ’)), nor is it a question of law: Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [60]. Secondly, the question of law is the subject matter of the appeal: Ferella v Chief Commissioner of State Revenue (NSW) (2014) 96…
Western Sydney Local Health District v SafeWork NSW
[2024] NSWCCA 153
Para 23
…nalysis of the facts but where this cannot be known without scrutiny of the facts”, contrary to what was said in Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 and Orr v Hunter Quarries referred to above.…
Julie (a pseudonym) v John (a pseudonym)
[2024] NSWSC 964
Para 99
…ed uniformly in the statute books and there is no universal meaning or understanding of what is a question of law: Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [40] per Bathurst CJ and Bell P (as his Honour then was) (Johnson, Garling and Lonergan JJ agreeing).…
Megally v Bojanic (No 2)
[2024] NSWSC 896
Para 23
…fact and law. Be that as it may, it must also be accepted that there can be some complexity to the issue: see Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220. As was there observed (at [40]), “the expression ‘question(s) of law’ and cognate expressions are not deployed uniformly in the statu…
Liu v Director of Public Prosecutions (NSW)
[2024] NSWSC 382
Para 88
…SWLR 653; [2000] NSWCA 199 at [44]; R v XHR [2012] NSWCCA 247 at [23] (‘ XHR ’)), nor is it a question of law: Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [60]. Secondly, the question of law is the subject matter of the appeal: Ferella v Chief Commissioner of State Revenue (NSW) (2014) 96…
Ferella as Executor of the Estate of the late Gustavo Ferella v Chief Commissioner of State Revenue
[2024] NSWSC 166
Para 44
…cases such as Attorney-General for the State of New South Wales v X (2000) 49 NSWLR 653; [2000] NSWCA 199 at [44]; Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [60]; and Hanave Pty Ltd v Nomad Sydney Pty Ltd (formerly Wine Nomad Pty Ltd) [2023] NSWSC 265 at [45] per Chen J). (8) The existen…
AW v WW (No 2)
[2024] NSWSC 146
Para 1
…mly in the statute books and … there is no universal meaning or understanding of what is a question of law”: Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [40], per Bathurst CJ and Bell P; Johnson, Garling and Lonergan JJ agreeing).…
Kudrynski v Orange City Council
[2024] NSWCA 33
Para 41
…SW) (which, for example, provides in s 5(1)(a) for an appeal on “a question of law alone”, as to which see Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [31]ff per Bathurst CJ and Bell P). Similarly, ss 39 and 40 of the Local Court Act 2007 (NSW) draw a distinction between an appeal as of ri…
Halil v NSW Land and Housing Corporation (No 2)
[2023] NSWSC 1646
…( Attorney General for NSW v X (2000) 49 NSWLR 653; [2000] NSWCA 199 at [44]), nor is it a question of law: Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [60]. Secondly, it is insufficient to merely assert that the relevant decision-maker “erred in law” so as to satisfy the limited conferra…
Department of Education v Trad
[2023] NSWCCA 329
…SWCCA 176 Jones v Wrotham Park Settled Estates [1980] AC 74 Kearon v Grant [1991] 1 VR 321 Lim Chin Aik v The Queen [1963] AC 160 Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220 Proudman v Dayman (1941) 67 CLR 536; [1941] HCA 28 R v Clarke (2008) 100 SASR 363; [2008] SASC 100 R v Hookham (No 2) (1993) 32 NSWLR 345…
Ying v Hou
[2023] NSWSC 1291
Para 14
…s Court “but only on a question of law”. As Bathurst CJ and Bell P (as the Chief Justice then was) observed in Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [40], “the expression ‘question(s) of law’ and cognate expressions are not deployed uniformly in the statute books” and “there is n…
Chief Commissioner of Police v Crupi
[2023] VSCA 245
…Director of Public Prosecutions (Cth) v JM (2013) 250 CLR 135; Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315; Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; R v Peters (a pseudonym) [2018] VSCA 115, considered.…
Darlington v Director of Public Prosecutions (NSW)
[2023] NSWSC 1139
Para 21
…a question of law alone is not capable of comprehensive definition. The issue was the subject of detailed analysis in Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220, where the distinction was described as “elusive”: at [32] (per Bathurst CJ and Bell P, as the Chief Justice then was). What is re…
Styles v Rowley
[2023] NSWSC 1053
Para 44
…rney-General for the State of New South Wales v X (2000) 49 NSWLR 653; [2000] NSWCA 199 at [44]; Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [60]; and Hanave Pty Ltd v Nomad Sydney Pty Ltd (formerly Wine Nomad Pty Ltd) [2023] NSWSC 265 at [45] per Chen J). (8) The existence of a question o…
Commissioner of Police v Ritson (“DVT”) (No 2)
[2023] NSWSC 854
Para 22
…mmon enough formulation is of less assistance than might be expected. A helpful analysis is to be found in Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220. Bathurst CJ and Bell P (as the Chief Justice then was) observed (at [40]) that “the expression ‘question(s) of law’ and cognate expressio…
Andrew John McColm v Tritton Resources Pty Ltd
[2023] NSWDC 270
Para 65
…The principles applicable to prosecution of offences under the Act have been summarised in recent decisions including Orr v Cobar Management Pty Ltd [2019] NSWDC 796 ( ‘Orr v Cobar Management’ ); Orr v Hunter Quarries Pty Ltd [2019] NSWDC 634 ( ‘Orr v Hunter Quarries’ ) and Grasso .…
Elwood v Director of Public Prosecutions
[2023] NSWSC 772
Para 30
…The defendant drew attention to what was said in Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220, and submitted that the question was a mixed question of fact and law because there might be circumstances where the delay the Magistrate took into account could be relevant.…
Mourched v Chief Commissioner of State Revenue
[2023] NSWSC 668
Para 44
…for the State of New South Wales v X (2000) 49 NSWLR 653; [2000] NSWCA 199 at [44]; Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [60]; and Hanave Pty Ltd v Nomad Sydney Pty Ltd (formerly Wine Nomad Pty Ltd) [2023] NSWSC 265 at [45] per Chen J). (8) The existence of a question of law is not…
SafeWork NSW v Southern Meats Pty Ltd
[2023] NSWDC 204
Para 63
…principles applicable to prosecution of offences under the WHS Act have been summarised in recent decisions including Orr v Cobar Management Pty Ltd [2019] NSWDC 796; Orr v Hunter Quarries Pty Ltd [2019] NSWDC 634 and SafeWork NSW v Grasso Consulting Engineers Pty Ltd; SafeWork NSW v Ignazio Grasso [2019] NSWDC 79…
Targeted Property Investments Pty Ltd v Look Up Technologies Pty Ltd (No 2)
[2023] NSWSC 416
Para 7
…cases such as Attorney-General for the State of New South Wales v X (2000) 49 NSWLR 653; [2000] NSWCA 199 at [44]; Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [60]; and Hanave Pty Ltd v Nomad Sydney Pty Ltd (formerly Wine Nomad Pty Ltd) [2023] NSWSC 265 at [45] per Chen J).…
Mullally v Lucien
[2023] NSWSC 373
…he ensuing decisions over more than half a century have not altered the position, as is plain from the discussion in Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [31]-[61]. I do not think it is possible to enunciate a clear test of what is, or is not, a question of law for the purposes of s…
Hanave Pty Ltd v Nomad Sydney Pty Ltd (formerly Wine Nomad Pty Ltd)
[2023] NSWSC 265
Para 45
…alone” ( Attorney General for NSW v X (2000) 49 NSWLR 653; [2000] NSWCA 199 at [44]), nor is it a question of law: Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [60]. Secondly, it is insufficient to merely assert that the relevant decision-maker “erred in law” so as to satisfy the limited co…
Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue
[2023] NSWCA 40
Para 53
…The ensuing decisions over more than half a century have not altered the position, as is plain from the discussion in Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [31]-[61]. I do not think it is possible to enunciate a clear test of what is, or is not, a question of law for the purposes of…
Jason Pintley v DP World Sydney Limited
[2023] FWC 65
…, where the Defendant was acquitted only after a lengthy trial (and a further attempt to refer the matter to the Court of Criminal Appeal - see (2020) 103 NSWLR 36; [2020] NSWCCA 220) notwithstanding the matters the court summarised by the District Court at [303]-[306].…
DJ & LJ Norman Pty Ltd v Sheather
[2022] NSWSC 1299
Para 77
…urst CJ and Bell P (as the current Chief Justice then was), with whom Johnson, Garling and Lonergan JJ each agreed, in Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [51] (“Orr”):…
Environment Protection Authority v Sydney Water
[2022] NSWLEC 100
Para 549
…red to the Court of Criminal Appeal on a stated case pursuant to s 5AE(1) of the Criminal Appeal Act 1912 (see Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220, at [31] to [74], per Bathurst CJ and Bell P).…
Carmichael v Commonwealth of Australia
[2022] VSC 364
Para 1
…yne and Crennan JJ); Safe Work (NSW) v Tamex Transport Services P/L t/as Tamex [2016] NSWDC 295, [26]; Orr v Cobar Management Pty Ltd [2019] NSWDC 796, [189]; Safe Work NSW v BOC Limited [2020] NSWDC 156, [66].…
Environment Protection Authority v Eastern Creek Operations Pty Limited
[2022] NSWCCA 97
Para 74
…Whilst acknowledging, as was pointed out in Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [92], that orders are different from reasons for judgment, substance and not mere form is to prevail in this context (see for example DAO v R (2011) 81 NSWLR 568; [2011] NSWCCA 63 at [4] and [6] per Spi…
Patsalis v Local Court of NSW
[2022] NSWSC 159
Para 47
…e framing of a question does not obviously or self-evidently identify a question of law. Bathurst CJ and Bell P in Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220 considered this issue. At [58] ff, the Chief Justice and the President said:…
Director of Public Prosecutions (NSW) v Mahamed
[2022] NSWSC 147
Para 34
…In Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36 ; [2020] NSWCCA 220, Bathurst CJ and Bell P, in the context of s 107 of the CAR Act, observed (at [40]):…
O'Connell v Director of Public Prosecutions (NSW)
[2021] NSWSC 1519
Para 2
…; [2006] NSWCA 284 at [130]; Ange v Contos [2020] NSWSC 64 at [67]; and see more generally the discussion in Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [31]ff. The defendant did not oppose leave being granted. In these circumstances, and having regard to the merits of the matter, leav…
Nohra v Nando's Quality Meats Pty Ltd
[2021] NSWSC 1209
Para 56
…Second, although ground 4 was said to be a question of mixed fact and law ( Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 at [59] (Bathurst CJ and Bell P)), there is arguably a contrary view that the question whether a conclusion is reasonably open on the evidence is a question of law (see Kost…
Gibson v Director of Public Prosecutions (NSW) (No 2)
[2021] NSWCA 218
Para 27
…inly not “questions of law”, as that expression has been considered in the context of the Criminal Appeal Act in Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220 ( Orr ). As Bathurst CJ and I observed at [109]:…
Vitality Works Australia Pty Ltd v Yelda (No 2)
[2021] NSWCA 147
Para 49
…Most recently, in Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220, Bathurst CJ and Bell P undertook an extensive analysis of the meaning of a question of law. One matter pointed out by their Honours at [60] was that it is well established that a question of mixed fact and law is to be differentia…
Environment Protection Authority v Charlotte Pass Snow Resort Pty Ltd (No 2)
[2021] NSWLEC 48
Para 3
…8 August 2020 the Court of Criminal Appeal, sitting as a bench of five, handed down the decision in Orr v Cobar Management Pty Ltd [2020] NSWCCA 220; (2020) 103 NSWLR 36, the significance of which is explained below.…
Attorney-General’s Application pursuant to s 108 Crimes (Appeal and Review) Act 2001 (NSW): Re Robert Burton (a pseudonym)
[2021] NSWCCA 87
Para 29
…is convenient to deal first with the third preliminary issue, which found its origin in the decision of this Court in Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCCA 220. That was a decision with respect to s 5AE of the Criminal Appeal Act 1912 (NSW), which provides for the procedure commonly known…
Dring v Telstra Corporation Ltd
[2021] FCAFC 50
Para 2
…d compelled that conclusion, it would follow that the Tribunal’s conclusion to the contrary was an error of law: see Orr v Cobar Management Pty Ltd (2020) 383 ALR 352; [2020] NSWCCA 220 at [51]-[61] (Bathurst CJ and Bell P, with whom Johnson, Garling and Lonergan JJ agreed); The Australian Gas Light Company v The Val…
Duarte v Director of Public Prosecutions (NSW)
[2020] NSWCCA 351
…to v R (2012) 82 NSWLR 568; [2012] NSWCCA 61 Mack Fleet Pty Limited v Transport for NSW (2020) 93 MVR 242; [2020] NSWCA 149 Orr v Cobar Management Pty Limited (2020) 383 ALR 352; [2020] NSWCCA 220 Plomp v The Queen (1963) 110 CLR 234; [1963] HCA 44 R v Lewis; ex parte Attorney General [1991] 2 Qd R 294 R v Madden (1996) 85 A Crim R 367 R v…
Waverley Council v Whitehouse Properties Pty Limited
[2020] NSWLEC 171
Para 24
…aken when examining how similar expressions or provisions have been interpreted previously: Orr v Cobar Management Pty Limited [2020] NSWCCA 220; (2020) 383 ALR 352 at [32]-[40] (per Bathurst CJ and Bell P).…
Orr v Hunter Quarries Pty Ltd (No. 2)
[2020] NSWDC 307
Para 12
…out the principles applicable in relation to stating a case from the District Court to the Court of Criminal Appeal in Orr v Cobar Management Pty Ltd [2019] NSWDC 796. There is really no dispute between the parties about the principles applicable in the present proceedings. I respectfully agree with the summary of…
SafeWork NSW v BOC Limited
[2020] NSWDC 156
Para 56
…The principles applicable to prosecution of offences under the Act have been summarised in recent decisions including Orr v Cobar Management Pty Ltd [2019] NSWDC 796; Orr v Hunter Quarries Pty Ltd [2019] NSWDC 634 and SafeWork NSW v Grasso Consulting Engineers Pty Ltd; SafeWork NSW v Ignazio Grasso [2019] NSWDC 792…