Appeals

Question 1

An appeal court should only overturn a trial judges findings on credit if the findings are “glaringly improbable” or “contrary to compelling inferences”.

Answer 1

Fox v Percy [2003] HCA

Car and horse collide - trial judge accepted horse rider - but skid marks on left of road.

Question 2

A judgement of a court is binding until and unless it is reversed on appeal.

Answer 2

Kable No 2 [2013] HCA

Invalid act - false imprisonment - ‘orders… valid until set aside’.

Question 3

A domestic arbitration can only be appealed on a point of law with the parties pre-existing consent and the court’s leave.

Answer 3

s 34A Commercial Arbitration Act 2011 (Vic)

‘**strengthens the finality and authority of arbitral awards, and curtails the uncertainty, delay and cost which may be associated with appeals.’

Question 4

A court may refuse to enforce a domestic arbitratal award if it is contrary to public policy.

Answer 4

s 36 Commercial Arbitration Act 2011 (Vic)

the recognition or enforcement of the award would be contrary to the public policy of this State