Federal Court (Full Court). Instead of saying that errors in the form of legal unreasonableness in the making of a finding “on the way” to the final conclusion are material by definition, can it be said that they are material if they are critical findings, in the sense that there is a built-in requirement of materiality?
Some of the questions to the Full Court of the Federal Court (FCAFC) were as follows:
Question 1: Instead of saying that errors in the form of legal unreasonableness in the making of a finding “on the way” to the final conclusion are material by definition, can it be said that they are material if they are critical findings, in the sense that there is a built-in requirement of materiality?
Question 2: Is the assessment of the merit of an argument for the purpose of determining whether leave should be granted to raise it for the first time on appeal to be undertaken at an impressionistic level?
The FCAFC answered those questions as follows: