The key issue in the case was whether the failure to lodge a mineralisation report, at the time of the application for a mining lease under the Mining Act WAdeprived the Mining Warden of jurisdiction to make a recommendation to the Minister for Mines in relation to the grant of the mining lease.
Consumer contracts. As was the case under the previous Victorian law prohibiting unfair terms, the prohibition only extends to consumer contracts. Trump's executive order pulling federal funding from sanctuary cities has serious constitutional problems. It is potentially a menace to constitutional federalism and separation of powers. Conclusion. I would accordingly grant leave to appeal, uphold the appeal, refer the matter to the High Court for reconsideration and in effect make the costs order .
The doctrine of judicial precedent is based on stare decisis. That is the standing by of previous decisions. In order for the doctrine of judicial precedent to work, it is necessary to be able to determine what a point of law is.
In the course of delivering a judgment, the judge will set out their reasons for reaching a decision. The reasons which are necessary for them to reach their decision amount to the ratio decidendi of the case.
The ratio decidendi forms the legal principle which is a binding precedent meaning it must be followed in future cases containing the same material facts.
It is important to separate the ratio decidendi from the obiter dicta. The obiter dicta is things stated in the course of a judgment which are not necessary for the decision.
This was the ratio decidendi of the case. The House of Lords went on to consider whether the defnce should be available to those who attempt murder and stated obiter dicta that the defence of duress should not be available to attempted murder.
In addition to binding precedents, there exists persuasive precedents. These consist of judicial statements which are not binding but may be taken into account.
A form of persuasive precedent is obiter dicta. Persuasive precedents also include case law from other jurisdictions and traditionally the Privy Council decisions have been merely persuasive on the English courts.
However, exceptionally the Privy Council may be binding:Gmail is email that's intuitive, efficient, and useful.
15 GB of storage, less spam, and mobile access. New York Times Co. v. Sullivan, U.S.
(), was a landmark United States Supreme Court case that established the actual malice standard, which has to be met before press reports about public officials can be considered to be libel; and hence allowed free reporting of the civil rights campaigns in the southern United States. It is one of the key decisions supporting the freedom of the.
For example in the case of Donoghue v Stevenson AC , (Case summary) the House of Lords held that a manufacturer owed a duty of care to the ultimate consumer of the product.
This set a binding precedent which was followed in Grant v Australian Knitting Mills  AC Aug 15, · The precedent set in this case is binding on all Australian courts today, apart from the High Court (same level and HC not bound by past decisions) provided that the material facts of the case is similar to a case currently being considered.
The Grant vs. Australian Knitting Mills would affect the following case as the material facts are similar so the precedent in the Grant vs.
Australian Knitting Mills could be binding or persuasive depending on whether the case was being heard in Australia, in which case it would be binding.
Strauss and Another v Van Zyl (A /12)  ZAGPPHC (27 November ).