NSW v Dargin

[2019] NSWCA 47

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Separate question
3. › Determination of separate question of law
4. › Terms of question unclear on their face
5. › Terms of question uncertain and disputed by parties
6. › Hearing conducted without evidence or agreed facts
7. › Whether question appropriate to answer
1. Practice and Procedure
2. › Separate question
3. › Reformulated question on appeal
4. › Whether different question should be determined on appeal
5. › Whether Court of Appeal should answer reformulated question in absence of factual foundation
1. Torts
2. › Trespass to land
3. › Entry by police onto private premises
4. › Bail compliance checks
5. › Whether lawful in absence of court-ordered enforcement condition
6. › Bail Act 1978 (NSW)
7. › Bail Act 2013 (NSW)

Quick Take

Practitioners proposing separate questions for determination should ensure the question is clearly framed, its terms are not disputed, and there is an adequate factual foundation, or risk the question being held inappropriate to answer.