BUCHANAN BOREHOLE COLLIERIES PTY LTD v PATTON [1991] NSWCA 36

BUCHANAN BOREHOLE COLLIERIES PTY LTD v PATTON [1991] NSWCA 36

Under s79A of the District Court Act, a District Court judge cannot discharge a jury after evidence has been taken and then continue the trial as judge alone without the consent of the parties; the proceedings must recommence unless both parties consent to use the earlier evidence.

Parties
Appellant: Buchanan Borehole Collieries Pty Ltd; Respondent: Patton
Jurisdiction
Australia
Judgment Date
18 June 1991
Procedural Posture
Civil Appeal / Appeal From District Court to Supreme Court of New South Wales Court of Appeal
Outcome
Appeal upheld; judgment set aside; new trial ordered
Legal Topics
Civil Jury Trial, Discharge of Jury, District Court Act S79 a, Waiver, Damages
Civil Procedure Civil Jury Trial Discharge of Jury District Court Act S79 a Waiver Damages

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Parties

Buchanan Borehole Collieries Pty Ltd

Appellant

Patton

Respondent

Procedural Posture

Civil Appeal / Appeal From District Court to Supreme Court of New South Wales Court of Appeal

Legal Issues

  1. 1 Whether a District Court judge in a civil jury trial may discharge the jury after evidence has been taken and continue the trial alone without consent of the parties under s79A of the District Court Act
  2. 2 Whether continuation by the trial judge constitutes waiver of the right to appeal against the subsequent judgment

Ratio Decidendi

Under s79A of the District Court Act, a District Court judge cannot discharge a jury after evidence has been taken and then continue the trial as judge alone without the consent of the parties; the proceedings must recommence unless both parties consent to use the earlier evidence.

Court Disposition

Appeal upheld; judgment set aside; new trial ordered

Orders

  • Judgment set aside and new trial ordered
  • Respondent to bear costs of aborted trial and appeal