Obiter dicta of a higher court can become a binding precedent if:

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Obiter dicta are statements made by a judge during a case that are not essential to the decision reached by the court, and therefore do not create a binding precedent. However, if another court adopts the obiter dicta as the legal rule or principle upon which its decision is based, then it can become a binding precedent. Publishing the decision in writing is necessary for it to be accessible to other courts, but it alone does not make the obiter dicta binding. Distinguishing a previous obiter dicta means that the court decides that it is not applicable to the current case, so it does not become binding. The Governor-General does not have the power to declare a legal precedent binding.

Obiter Dicta of a Higher Court Can Become a Binding