Question
As a judge in the New South Wales Court of Appeal reviewing a previous decision made by a justice of the High Court of Australia,
As a judge in the New South Wales Court of Appeal reviewing a previous decision made by a justice of the High Court of Australia, you come across a passage in the judgment stating: "I will now outline key recommendations for how similar disputes might be handled differently based on alternative factual scenarios." This part of the judgment addresses issues relevant to the case you are currently adjudicating.
Is this passage binding on you in your current case?
a. | Yes, because it is written by a justice of the Higher Court of Australia and is therefore binding on all case decisions lower down the court hierarchy. | |
b. | Yes, because it is obiter dicta and is established by a higher court within the same court hierarchy. | |
c. | No, because it is part of the ratio decidendi. | |
d. | Yes, because it is part of the ratio decidendi established by a higher court within the same court hierarchy. | |
e. | No, because it constitutes obiter dicta. |
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