Case law

The following is list of annotations used by the court in the subsequent appeal proceedings or in the subsequent case where the primary case has been judicially considered.

• Applied - A principle of law articulated in the primary case is applied to a new set of facts by the court in the subsequent case.
• Approved - The court in the subsequent case has approved the way the court in the primary case, being a court of inferior jurisdiction, has articulated a principle of law.
• Cited - The primary case is merely cited by the court in the subsequent case, without comment.
• Considered - The legal principles articulated in the primary case are considered or discussed without adverse reflection in the subsequent case.
• Disapproved -The decision in the primary case is criticised by the court in the subsequent case.
• Distinguished -The court in the subsequent case holds that the legal principles articulated by the primary case (usually otherwise persuasive or binding authority) do not apply because of some essential difference between the two cases in fact or law.
• Explained - The decision reached in the primary case is justified by the court in the subsequent case, drawing attention to some feature of the primary case that may not be immediately obvious on its face.
• Followed  - This annotation is similar to ‘applied’, but is used in circumstances where the facts in the primary case resemble reasonably closely the facts in the subsequent consideration case.
• Not followed - The court in the subsequent case has declined to apply the principles of law articulated in the primary case.
• Overruled - The legal principles articulated in the primary case are held to be incorrect by the court in the subsequent case, which is a court of superior or equivalent jurisdiction.
• Questioned - The court in the subsequent case has expressed doubt about the decision in the primary case, but does not actually determine that the principles of law in the primary case are incorrect.

The Appeal proceedings section of the CaseBase entry has the following annotations used by the courts:

• Affirmed - The decision in the primary case is upheld on appeal.
• Reversed - The decision in the primary case is overturned on appeal.
• See - The decision in the subsequent case relates in some way to the primary case, but the court in the subsequent case is not assessing the merits of the related primary decision.
• Varied - The decision in the primary case is only partly reversed or partly affirmed by the subsequent case. It is particularly used in circumstances where the court in the subsequent case has altered the quantum of damages awarded or the sentence imposed in the primary case.
• Related - The decision in the subsequent case relates in some way to the primary case, but the court in the primary case is not assessing the merits of the earlier related decision.
• Special Leave Granted - Special leave to appeal the decision in the primary case to the High Court or Privy Council has been granted. There is, therefore, an opportunity for the case itself to be overturned.
• Special Leave Refused - Special leave to appeal the decision in the primary case to the High Court or Privy Council has been refused. Therefore, the case is considered good law.

What do the colours mean?

The colours merely highlight and draw attention to the particular types of treatment.
They do not change or add to the meaning of the annotation.

• Positive treatments are coloured green. e.g. followed, applied, approved or affirmed
• Treatments indicating caution required are coloured amber. This can be everything from a distinguishing or explaining treatment (indicating that the law is still good but does not apply in the circumstances), to a varying treatment to a questioning (sometimes called a 'doubting') treatment.
• Negative treatments are coloured red. e.g. disapproved, not followed, overruled or reversed
• Neutral treatments are coloured purple. e.g. considered or cited

For more information, see the Lexis Advance CaseBase Signals Guide.