Binding on Brennan J in the High Court of Australia?

/in /by

Were the rationes decidendi of the following cases cited in the judgment of Waltons v Maher (interstate)  binding on Brennan J in the High Court of Australia?

  • Craine v. Colonial Mutual Fire Insurance Co.Ltd.  [1920] HCA 64; (1920) 28 CLR 305, at pp 327-328;
  • Thompson v. Palmer [1933] HCA 61; (1933) 49 CLR 507, at p 547;
  • Newbon v. City Mutual Life Assurance Society Ltd.  [1935] HCA 33; (1935) 52 CLR 723, at p 734;
  • Grundt v. Great Boulder Pty. Gold Mines Ltd.  [1937] HCA 58; (1937) 59 CLR 641, at pp 657, 674, 676.

 

  • Explain the doctrine of precedent
  • Were they binding on him or not?
  • Including amongst them?
  • strict rules of precedent
  • don’t distinguish facts