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Ground of appeal

Riverina Wines PL v Registrar WCC & Ors [2007] NSWCA 149. Campbell JA, Hodgson JA agreeing, Handley AJA partial dissent. 25.06.07

 Campbell JA said [76]: "To decide that a ground of appeal 'exists' is not the same as deciding that the ground of appeal has actually been made out.

"A ground of appeal is a statement of a contention one wishes to make in the course of an appeal, as a reason why the appeal should succeed.

"A ground of appeal can 'exist' if it is a contention of that type, made in circumstances where there is a sufficiently realistic prospect of the ground being made out. And in deciding whether the prospect of the ground being made out is 'sufficiently' realistic, one turns to the context in which, and purpose for which, the question is being asked. In the context of this particular piece of legislation, deciding that the ground exists involves the Registrar forming a view that the ground of appeal has enough substance to warrant the appeal proceeding."


 

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