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I'm about to have a presentation on the case of Wicks and Sheehan v State of New South Wales (2010) 241 CLR 60. I'm currently struggling with the critical analysis part, as in this case, the plaintiffs had appealed twice, and the High Court's final decision was to remit the matter to the Court of Appeal for further consideration. So I would like to know why in this case the High Court can only decide whether the Appeal Court made the right decision- but the High Court cannot make a conclusion where the Appeal Court did not. Also, what is the reasoning behind the Appeal Court's choice to refrain from the issue of duty of care? Is the case reflect a lack of efficiency in the judicial process by not being conducive to the resolution of cases and is there anything about the legal system that needs to be improved?
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