Overruling A Precedent Flashcards
1
Q
What is overruling a precedent?
A
A new case in a higher court creates a newer precedent which makes the old precedent non applicable
2
Q
Give a case example of overruling a precedent?
A
AON Risk Services Australia Ltd. V. ANU
3
Q
What did the High Court allow?
A
AONs appeal against the decision the allowed ANU to amend their statement of claim against AON
4
Q
What court decision did this case overrule?
A
Queensland V. JL Holdings