Is justice roundabout bound to follow any of the precedents


Problem: Justice Roundabout is a judge of the Supreme Court of New South Wales. Her Honour is presiding on a case where there is an issue about whether a contract must be in writing to be legally enforceable. The barrister for the plaintiff has cited a case in the District Court of New South Wales (called County Court in some jurisdictions) on very similar facts which found for the plaintiff. The barrister for the defendant has argued a case in the High Court of Australia on different facts where two judges expressed an opinion that if the facts in the defendant's case applied, they would find for the defendant. 

Is Justice Roundabout bound to follow any of the precedents? Explain your answer by considering the hierarchy of the court system and the decision that binds judges. 

Use IRAC method

Your citations comply with Harvard AGPS.

Request for Solution File

Ask an Expert for Answer!!
Business Law and Ethics: Is justice roundabout bound to follow any of the precedents
Reference No:- TGS03232997

Expected delivery within 24 Hours