Where a judicial officer has determined in a considered judgment questions of fact on the very same issues that would fall for re-determination on remitter, the pre-judgment principle applies and the matter should be remitted to a differently constituted bench. However, not every error of law on a s 56A appeal will require an exclusionary order — the appropriateness of such an order depends on the facts and circumstances of the particular case. Section 56A(2)(b) of the Land & Environment Court Act 1979 is wide enough to empower the Court to remit to a Commissioner other than the one from whose decision the appeal was brought.
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