ANKA JOHNSON v INGHAMS ENTERPRISES PTY LTD [1989] NSWCA 4

ANKA JOHNSON v INGHAMS ENTERPRISES PTY LTD [1989] NSWCA 4

The defendant was entitled to have the issues of fact tried by a jury under s86 of the District Court Act and relevant rules, having made proper requisition, and the primary judge erred in not taking that into account; the appeal is allowed and the order for trial by jury reinstated.

Parties
Plaintiff: Anka Johnson; Defendant: Inghams Enterprises Pty Ltd
Jurisdiction
Australia
Judgment Date
05 June 1989
Procedural Posture
Application/appeal / Application for Leave to Appeal and Substantive Appeal From Interlocutory Orders Regarding Mode of Trial
Outcome
Appeal allowed
Legal Topics
Jury Trial Requisition in Civil Proceedings, Transfer of Proceedings From District Court to Supreme Court, Exercise of Discretion in Mode of Trial
Civil Procedure Jury Trial Requisition in Civil Proceedings Transfer of Proceedings From District Court to Supreme Court Exercise of Discretion in Mode of Trial

Case Brief

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Parties

Anka Johnson

Plaintiff

Inghams Enterprises Pty Ltd

Defendant

Procedural Posture

Application/appeal / Application for Leave to Appeal and Substantive Appeal From Interlocutory Orders Regarding Mode of Trial

Legal Issues

  1. 1 Whether the defendant was entitled to a trial by jury after transfer from District Court to Supreme Court
  2. 2 Whether the judge at first instance erred in considering the mode of trial

Ratio Decidendi

The defendant was entitled to have the issues of fact tried by a jury under s86 of the District Court Act and relevant rules, having made proper requisition, and the primary judge erred in not taking that into account; the appeal is allowed and the order for trial by jury reinstated.

Court Disposition

Appeal allowed

Orders

  • Leave to appeal granted
  • Order of Smart J set aside