Boese v Farleigh Estate Sugar Company Limited [1919] HCA 35

Boese v Farleigh Estate Sugar Company Limited [1919] HCA 35

The Supreme Court had no function of finding or inferring facts on a case stated under s 159 of the District Courts Act 1891 (Qld). The case stated to the Supreme Court did not set out all necessary ultimate facts, so the only appropriate course was to remit the case to the District Court for a proper statement of the facts for further determination in accordance with the Act.

Parties
Appellant; Plaintiff: Rudolph Boese; Respondent; Defendant: Farleigh Estate Sugar Company Limited
Jurisdiction
Australia
Judgment Date
25 July 1919
Procedural Posture
Appeal / On Appeal by Special Leave to the High Court of Australia From the Supreme Court of Queensland, Which Had Heard a Case Stated From the District Court in Its Appellate Jurisdiction
Outcome
Appeal allowed; judgment of the Supreme Court discharged; case remitted to the District Court for statement of facts and transmission to the Supreme Court for legal determination.
Legal Topics
Appellate Jurisdiction, Case Stated, Drawing of Inferences of Fact, Finality of Findings of Fact
Civil Procedure Statutory Interpretation Appellate Jurisdiction Case Stated Drawing of Inferences of Fact Finality of Findings of Fact

Case Brief

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Parties

Rudolph Boese

Appellant; Plaintiff

Farleigh Estate Sugar Company Limited

Respondent; Defendant

Procedural Posture

Appeal / On Appeal by Special Leave to the High Court of Australia From the Supreme Court of Queensland, Which Had Heard a Case Stated From the District Court in Its Appellate Jurisdiction

Legal Issues

  1. 1 Whether, in a case stated under s 159 of the District Courts Act 1891 (Qld), the Supreme Court of Queensland had jurisdiction to draw its own inferences of fact or to be confined to the ultimate facts found by the District Court;
  2. 2 Whether the statement of the case by the District Court was sufficient, having regard to the need for clear ultimate findings of fact under s 159.

Ratio Decidendi

The Supreme Court had no function of finding or inferring facts on a case stated under s 159 of the District Courts Act 1891 (Qld). The case stated to the Supreme Court did not set out all necessary ultimate facts, so the only appropriate course was to remit the case to the District Court for a proper statement of the facts for further determination in accordance with the Act.

Court Disposition

Appeal allowed; judgment of the Supreme Court discharged; case remitted to the District Court for statement of facts and transmission to the Supreme Court for legal determination.

Orders

  • Judgment of the Supreme Court of Queensland discharged.
  • Case remitted to the District Court for statement of the ultimate facts.