Assume the Victorian Court of Appeal interprets a provision of a Victorian statute and the interpretation forms part of the ratio decidendi of that case. In a subsequent case before a single judge in the Supreme Court of Victoria, the same provision in the same Act is material to a decision by the Court. The Act has not been relevantly amended in the meantime. The single judge

Select one:

a.

is bound to follow the interpretation of the Court of Appeal, unless the facts of the earlier case can be distinguished

b.

is not bound to follow the interpretation of the Court of Appeal, even if the facts cannot be distinguished

c.

is bound to follow the interpretation of the Court of Appeal, unless the judge believes the interpretation by the Court of Appeal is incorrect.