Grant vs Australian Knitting Mills questions

[IvanJames]

Hey all, just have a few questions about the Grant v AKM case that I've been having trouble finding.

-  What was the original jurisdiction of the case?

-  What was the appeal jurisdiction of the case?

-  What courts will have this case as persuasive and binding precedent?


Thanks!

[ninwa]

You can find the answers here: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/1933/35.html

[M_BONG]

Hey all, just have a few questions about the Grant v AKM case that I've been having trouble finding.

-  What was the original jurisdiction of the case?

-  What was the appeal jurisdiction of the case?

-  What courts will have this case as persuasive and binding precedent?


Thanks!

Cases don't have original jurisdiction. I think you mean where was the case first heard?

The case was first heard in 1935 in the High Court.
You can't appeal HC decisions now. But in 1935, I am quite sure you can appeal them to the Privy Council (an english court).

The precedent set in this case is binding on all Australian courts today, apart from the High Court (same level and HC not bound by past decisions) provided that the material facts of the case is similar to a case currently being considered.

[meganrobyn]

Hey all, just have a few questions about the Grant v AKM case that I've been having trouble finding.

-  What was the original jurisdiction of the case?

-  What was the appeal jurisdiction of the case?

-  What courts will have this case as persuasive and binding precedent?


Thanks!

As previously stated (above) about cases not having jurisdiction. Assuming, therefore, you're asking about the courts it was heard in...

1. Grant was first heard in the SA Supreme Court. Donoghue v Stevenson was binding precedent and Grant won.

2. AKM appealed to the High Court. They distinguished DvS and AKM won.

3. Grant appealed to the UK Privy Council. They reversed the HCA finding and Grant won again.

Assuming similar material facts etc, Grant was binding on all Australian courts including the HCA... but DvS was already binding for negligence, so Grant didn't change the law or anything.