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Farah Constructions v Say-Dee Pty Ltd, also known as Farah, is a decision of the High Court of Australia. [1] The case was influential in developing Australian legal doctrines relating to equity, property, unjust enrichment, and constructive trusts, [2] as well as the doctrine of precedent as it applies in Australia.
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
The doctrine of precedent developed during the 12th and 13th centuries, [52] as the collective judicial decisions that were based in tradition, custom and precedent. [ 53 ] The form of reasoning used in common law is known as casuistry or case-based reasoning .
The decision in Trident had no clear ratio, and did not create a general exemption to the doctrine of privity in Australia. Queensland , the Northern Territory and Western Australia have all enacted statutory provisions to enable third party beneficiaries to enforce contracts, and limited the ability of contracting parties to vary the contract ...
These past decisions are called "case law", or precedent. Stare decisis —a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions.
But the leading definition in Australia is the "criterion, satisfaction of which enlivens the power of the decision-maker" found in Enfield. [ 12 ] These criteria of jurisdiction are created by and operate through statute, [ 13 ] and may be subjective, [ 14 ] or objective in nature and may also be a complex of interactions.
Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. State immunity is a similar, stronger doctrine, that applies to foreign courts.
Overturned the doctrine that Australia was terra nullius and recognised the native title of the Meriam people from the Murray islands in the Torres Strait. 37. Dinsdale v R: 2000 202 CLR 321; [2000] HCA 54 Gleeson: 2051 Criminal - Crown criminal appeals - Relevant factors for suspension of sentence