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Australia Leading Case appealsgrounds procedural impropriety

Stead v State Government Insurance Commission

(1986) 161 CLR 141
JurisdictionAustralia
CourtHigh Court of Australia
Year1986
StatusBinding authority

Summary

Not every denial of natural justice warrants a new trial; the breach must have been material in the sense that it could realistically have affected the outcome.

Key Principle

denial of natural justice; practical injustice; not every procedural error requires new trial; materiality of breach to outcome

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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