When the High Court will reconsider a previous decision

In Attorney-General (NSW) v Perpetual Trustee Co (Ltd) (1952) 85 CLR 237, 243-244, it was held that there is “no very definite rule” as to when the High Court will reconsider a previous decision.  However, four factors were identified as relevant by Mason CJ, Wilson Dawson, Toohey and Gaudron JJ in John v Federal Commissioner of Taxation (1989) 166 CLR 417, 438-439.

See the various judgments in Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship [2013] HCA 53.

 

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