State of New South Wales v Dargin

The Court of Appeal of New South Wales considered an appeal by the State of New South Wales against a judgment and orders made in the District Court. The dispute concerned the appropriateness of answering a "separate question" that had been posed and determined in the District Court without evidence or agreed facts, leading to uncertainty and dispute between the parties regarding its terms.

The primary legal issue before the Court of Appeal was whether the separate question posed in the District Court was appropriate to be answered in the absence of evidence and agreed facts, and consequently, whether the District Court's determination of that question was valid. The Court also had to consider whether a different question should have been determined on appeal.

The Court reasoned that the separate question, as formulated and determined in the District Court, was inappropriate because it was unclear on its face and its terms were uncertain and disputed by the parties. The absence of evidence or agreed facts meant that the question could not be answered meaningfully or with legal certainty. Accordingly, the Court allowed the appeal, set aside the District Court's judgment and orders, and in lieu thereof, answered the separate question by stating that it was inappropriate to answer. The matter was remitted for trial in the District Court.