State of New South Wales v Shepherd

The appeal concerned a dispute between the State of New South Wales and Mr. Shepherd, heard by Bell P, Meagher JA, and Simpson AJA in the Court of Appeal of New South Wales. The core of the dispute revolved around allegations of a failure to provide procedural fairness, stemming from the District Court's judgment and orders of 7 March 2019.

The Court of Appeal was required to determine whether the District Court had erred by making a critical finding of fact without providing reasons to support it. Furthermore, the court had to consider whether the District Court had failed to provide adequate reasons for rejecting the accounts of critical issues given by witnesses from both sides of the record, and whether there was any evidentiary basis for the finding of fact that was made.

The Court of Appeal found that the District Court had indeed failed to provide adequate reasons for its critical finding of fact and for rejecting the evidence presented by the parties. The absence of a discernible basis in the evidence to support the finding made meant that the trial judge had not afforded procedural fairness to the parties. Consequently, the appeal was allowed, the judgment and orders of the District Court were set aside, and the proceedings were remitted to the District Court for a retrial. The respondent was ordered to pay the appellant's costs of the appeal, with a certificate granted under the Suitors’ Fund Act 1951 (NSW) for the respondent's costs of the appeal, and the costs of the trial at first instance were to be costs in the retrial.