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Topic 6: Judgement and Appeal

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Chapter 19- Appeal and New Trial Substantive Basis upon Which Appeals are Brought – pg 1002 The principles governing the determination of an appeal from a decision on a point of practice and procedure may be gathered from the joint judgement of Gibb CJ, Aicken, Wilson, and Brennan JJ in Adams P Brown Male Fashion Pty Ltd v Philip Morris Inc (1981) CASE: Adams P Brown Male Fashion Pty Ltd v Philip Morris Inc (1981) Gibb CJ, Aicken, Wilson, and Brennan JJ:  Substantive law is concerned with the ends which the administration of justice seeks, procedural law deals with the means and instruments by which those ends are to be attained. The latter regulates the conducts and relations of courts and litigants in respect of the litigation itself; the former determines their conduct and relations in respect of the matter litigated.  ..We believe it to be, unnecessary and indeed unwise to lay down rigid and exhaustive criteria. The circumstances of different cases are infinitely various. We would merely repeat, with approval, the oft-cited statement of Sir Frederick Jordan in “In Re the Will of F B Gilber (1946)”:

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28 Pages Complete Study Notes > 2 Years old
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Topics this document covers:
Law Appellate review Appellate jurisdiction Jurisdiction Judgment Appellate court Brief Appellate procedure in the United States Court of Appeal of Singapore
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Topics this document covers:
Law Appellate review Appellate jurisdiction Jurisdiction Judgment Appellate court Brief Appellate procedure in the United States Court of Appeal of Singapore
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The latter regulates the conducts and relations of courts and litigants in respect of the litigation itself; the former determines their conduct and relations in respect of the matter litigated. • ..We believe it to be, unnecessary and indeed unwise to lay down rigid and exhaustive criteria. The circumstances of d...
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