A Court of Appeal will not make consent orders remitting a matter for rehearing unless affirmatively satisfied the judgment below is wrong or sufficiently problematic, and the court may need to independently examine the judgment where the parties' joint memorandum is insufficiently detailed. A trial judge's reasons that set out evidence uncritically before reaching conclusions characterised as 'inevitable' without explaining the reasoning path are inadequate. A party may be taken unfairly by surprise where a judge relies on credit findings after indicating during the hearing that credit was not the real issue.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
7 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.