Question
You are a single judge in the New South Wales Supreme Court deciding on the interpretation of a section of the Corporations Legislation common to
You are a single judge in the New South Wales Supreme Court deciding on the interpretation of a section of the Corporations Legislation common to all Australian jurisdictions. Based on the information provided, explain which of the following authorities is binding on you, or the most persuasive and why. Be sure to provide appropriate authority (ie, case law) for your answer and to consider the relevance of each decision below.
Weisswurst Ltd v Tafelspitz (2008) New South Wales Supreme Court (single judge)
Siu Mai Ltd v Har Gow (2009) Supreme Court of Queensland, Full Court, which did not follow Weisswurst
Ramen Pty Ltd v Soba (2010) Tasmanian Supreme Court, Full Court, which applied Weisswurst
Kebab Pty Ltd v Goulash (2016) High Court of Australia, Full Court, affirmed Weisswurst (in ratio)
Turkish Delight Ltd v Trdelnk (2018) a decision of the Supreme Court of the United States, which considered all previous decisions, disagreed with all of them and propounded a new principle.
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