Ross Durant v Spectre is binding on the Queensland Supreme Court because it was a decision reach by a superior court in the same hierarchy: Broome v Cassell & Co Ltd.
It is irrelevant that the matter initiated in the New South Wales jurisdiction, as the High Court of Australia is the common apex off all judicial hierarchy, thus requiring the Queensland Supreme Court to be bound by this decision, assuming the question of law be the same: R v Rowland.
If there is a majority decision, but the majority have different reasoning’s for the outcome, lower courts are still bound by the decision, however not the reasoning: Re Tyler; Ex parte Foley. In the case of Ross Durant v Spectre a joint judgment was issued, thus a majority decision will create
It is irrelevant that the matter initiated in the New South Wales jurisdiction, as the High Court of Australia is the common apex off all judicial hierarchy, thus requiring the Queensland Supreme Court to be bound by this decision, assuming the question of law be the same: R v Rowland.
If there is a majority decision, but the majority have different reasoning’s for the outcome, lower courts are still bound by the decision, however not the reasoning: Re Tyler; Ex parte Foley. In the case of Ross Durant v Spectre a joint judgment was issued, thus a majority decision will create