Binding Precedent

Question 1

What are the main points to include

Answer 1

A decision will be binding if: legal points in the cases are the same
The material facts are similar
An earlier decision was made by a court higher in the hiararchy or at the same level
Also describe orbiter and ratio

Question 2

What cases can you include

Answer 2

Donehuhe v Stephenson
Grant v Australian knitting mills

Bentham
Any practice statement cases