One symptom identified by Simpson was the rise in interest in the rules of stare decisis and in how the rationes decidendi
of cases were to be determined.
Justice Cs decision depended on his or her determination of both issues, thus having two rationes decidendi.
The first was taken from a 1949 note in the Australian Law Journal on the very point explored in this article and is representative of a familiar sort of criticism of appellate judgments that, because of their multiplicity, do not provide clear rationes decidendi.
71) If not permitted to overrule, judges will find other complex, indirect, and ultimately artificial ways of avoiding the binding force of the rationes decidendi of precedent cases, such as distinguishing precedent cases in circumstances where in truth there are no material factual differences upon which distinguishing could be justified.
To draw this comparison between Cook and Curran is to imply that in High Court cases some rationes decidendi are more authoritative than others.