Islamic Assoc of Western Suburbs Sydney Inc v Dr H R K Survery

The case before the court involved the Islamic Association of Western Suburbs Sydney Inc and Dr H R K Survery, who was engaged by the Association to provide a survey of a property. The Association sought to recover damages for professional negligence, alleging that Dr Survery failed to properly survey the property, leading to financial losses. The dispute was heard in the Supreme Court of New South Wales.

The central legal issue the court needed to address was whether it was appropriate to separate the decision of questions in this case. The Association argued that certain questions should be determined by a judge alone, while others should be left to the jury. The court needed to determine if the nature of the case justified such a separation and, if so, which questions should be decided by whom.

The court found that the separation of questions was not appropriate in this instance. The primary judge concluded that all issues in the case were of a mixed nature, involving both factual determinations and the application of legal standards. Therefore, the court determined that all questions should be left to the jury to decide. The court's decision was based on the principle that where issues are of a mixed nature, they should not be divided between the judge and the jury. This ensures a unified approach to the resolution of the case.

The final order of the court was that all questions in the case should be decided by the jury. The court declined to separate the decision of questions, maintaining that a unified approach was necessary for a fair and comprehensive resolution of the dispute.