Obiter

Obiter

Obiter dictum – “a statement of a Judge on a point of law not essential to the decision of the case before him or her.  “I think there is little doubt that those opinions were obiter and, in the case of two of the members, given merely in passing … we are free to take a different view” (per McCarthy J, Joe v Young [1964] NZLR24, 48).

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