MJ SHERRIN PTY LTD v LYNES AND ANOR; LYNES v MJ SHERRIN PTY LTD AND ORS AND CUNNEEN AND CO PTY LTD v LYNES AND ANOR [1992] NSWCA 141

MJ SHERRIN PTY LTD v LYNES AND ANOR; LYNES v MJ SHERRIN PTY LTD AND ORS AND CUNNEEN AND CO PTY LTD v LYNES AND ANOR [1992] NSWCA 141

Judgment should not have been entered because it was based on majority answers to jury questions, which is unauthorised by law, as the Court is only empowered to take majority verdicts (not answers) under Jury Act provisions.

Parties
Plaintiff: Anthony Roy Lynes; First Defendant: MJ Sherrin Pty Ltd; Second Defendant: Cunneen and Co Pty Ltd; Third Defendant: J and B Crane Truck Repairs Pty Ltd trading as Nancarrow Crane Services
Jurisdiction
Australia
Judgment Date
20 November 1992
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
appeal upheld; judgment below set aside; new trial ordered
Legal Topics
Jury Verdicts, Majority Verdicts, New Trial, Judgment Entry
Damages Civil Procedure Jury Verdicts Majority Verdicts New Trial Judgment Entry

Case Brief

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Parties

Anthony Roy Lynes

Plaintiff

MJ Sherrin Pty Ltd

First Defendant

Cunneen and Co Pty Ltd

Second Defendant

J and B Crane Truck Repairs Pty Ltd trading as Nancarrow Crane Services

Third Defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether judgment was validly entered based on majority verdicts to jury questions
  2. 2 Whether the court was entitled to accept majority answers to jury questions under the Jury Act

Ratio Decidendi

Judgment should not have been entered because it was based on majority answers to jury questions, which is unauthorised by law, as the Court is only empowered to take majority verdicts (not answers) under Jury Act provisions.

Court Disposition

appeal upheld; judgment below set aside; new trial ordered

Orders

  • Appeal upheld
  • Judgment below set aside