Inadequacy of reasons by an inferior court constitutes an error of law on the face of the record for the purposes of s 69 of the Supreme Court Act 1970 (NSW), but does not constitute jurisdictional error where there is no statutory duty to give reasons. Errors of law arising from the reasons given by a District Court judge on a criminal appeal are not questions of law 'arising on' the appeal for the purposes of s 5B of the Criminal Appeal Act 1912 and accordingly cannot be raised by stated case but must be challenged by certiorari. A judge cannot remedy inadequate reasons by making changes of substance rather than form prior to entry of judgment.
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