D'Ettorre v State of New South Wales

The parties to this case were D'Ettorre, the plaintiff, and the State of New South Wales, the defendant. The nature of the dispute was whether a matter of estoppel should be determined before the trial of the substantive issues. The case was heard in the Supreme Court of New South Wales. The plaintiff, D'Ettorre, sought a determination of whether an estoppel operated against the defendant before the substantive issues in the case were heard. The defendant, the State of New South Wales, argued that the estoppel should not be determined until the substantive issues had been heard.

The court had to determine whether it was appropriate to make a determination of the estoppel before the trial of the substantive issues, and if so, whether that determination should be made by the trial judge or by another judge. The court considered the relevant principles of law and practice concerning the making of interlocutory determinations of questions of law and the circumstances in which such determinations should be made. The court also considered the principles of law concerning estoppel, including the circumstances in which an estoppel may operate and the factors that may be relevant in determining whether an estoppel does in fact operate.

The court held that it was appropriate to make a determination of the estoppel before the trial of the substantive issues, and that such a determination should be made by the trial judge. The court also held that an estoppel may operate in circumstances where a party has acted in such a way that it is inequitable for that party to be allowed to deny that which it has led another party to believe. The court further held that the factors relevant to determining whether an estoppel does in fact operate include the conduct of the parties, the expectations created by that conduct, and the extent to which it would be inequitable to allow the party to deny the existence of the estoppel.

The court made an order that the question of whether an estoppel operates against the defendant should be determined by the trial judge before the trial of the substantive issues. The court also made an order that the trial judge should determine that question having regard to the principles of law and the factors relevant to determining whether an estoppel does in fact operate.