The Court granted leave to appeal from a decision that applied Full Court reasoning on remittal following an equally divided High Court. The primary judge had held he was bound by s 23(2)(a) of the Judiciary Act to apply the Full Court's reasoning despite all six High Court judges criticising aspects of that reasoning. The appeal will determine whether a primary judge on remittal must apply Full Court reasoning in these circumstances, or whether intervening High Court criticism permits departure from that reasoning.
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