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- APPEAL – Grounds of Appeal – Whether a ground of appeal attacking misunderstanding or misapplication of law is a ground of law, facts or mixed law and facts:
“The Court of Appeal therefore wrongly applied the law when it departed from the aforesaid two earlier decisions to hold in this case between the same parties over the same…
- APPEAL: Grounds of Appeal - How To Determine A Ground Of Law
“A ground of appeal which complains of a misunderstanding by the court below of the law or a misapplication of the law to the facts already proved or admitted is…
- APPEAL: Grounds of Appeal - Whether mere labeling of a ground of appeal as a ground of law, or error in law, automatically makes it a complaint of error of law.
"The issue raised by the Preliminary Objection is simply: whether the Appellant's appeal is competent? It is true, as submitted by the Respondent on the authority of TILBURY CONSTRUCTION CO.…