Mehmet v Carter

The Court of Appeal of New South Wales considered an appeal by Mehmet concerning a dispute with Carter regarding a contract for the sale of land. The central issue revolved around the potential existence of Aboriginal objects on the land and whether this constituted a defect in title. The primary judge had previously determined that the alleged Aboriginal objects were not capable of constituting a defect in title, a finding that was challenged on appeal.

The legal issues before the Court of Appeal were whether the primary judge had erred in answering a separate question concerning the capacity of the alleged Aboriginal objects to constitute a defect in title, and whether that separate question was appropriately answered given its hypothetical nature. The court was required to determine the legal significance of the potential presence of Aboriginal objects in relation to a vendor's obligations under a contract for sale and the concept of a defect in title.

The Court of Appeal allowed the appeal, setting aside the primary judge's orders. The court found it inappropriate to answer the specific questions posed at the trial, indicating that the matter required further consideration. Consequently, the proceedings were remitted to the Equity Division of the Supreme Court for further determination, with no order as to the costs of the appeal or the hearing of the separate questions before the primary judge, these being costs in the cause.