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Australia Leading Case appeals

House v The King

(1936) 55 CLR 499
JurisdictionAustralia
CourtHigh Court of Australia
Year1936
StatusBinding authority

Summary

An appellate court may only interfere with a discretionary decision if the primary judge acted on wrong principle, allowed extraneous matters, failed to consider relevant matters, or made a plainly unreasonable error.

Key Principle

appellate review of discretionary decisions; five grounds of appealable error

Area of Law

procedure

Related Cases

Getswift Ltd v Webb (2022) 276 CLR 553

High Court of Australia held there is no power to make a common fund order in favour of litigation funders at the interlocutory stage of a class action.

UBS AG v Tyne (2018) 265 CLR 77

Anshun estoppel bars relitigation where it was unreasonable not to raise the issue in earlier proceedings; re-litigation may also constitute abuse of process.

Palmer v Ayres (2017) 259 CLR 478

High Court of Australia held the reflective loss principle (Prudential Assurance rule) does not apply in Australia, permitting shareholders to recover losses independently of the company.

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