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1. When counsel wants to put forward and argument in order to convince the courts that a case should be seen as per incuriam, the which is being questioned by counsel must satisfy certain criteria. When counsel is putting forward his argument to ask the court to make a case per incuriam, counsel must show that, in that case, the court did not consider all the relevant legal issues. Counsel needs to show that the correct statute was not applied or the relevant legal authority was not considered, i.e. inappropriate case was applied. The best argument for a case being per incuriam would be that the inconsistent use of the law affected the outcome of the case. This is not to suggest that the courts made a mistake or were wrong, just that they overlooked relevant legal authorities. This can be seen in the case of Broome v Cassell (1971)...

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