SYDNEY COUNTY COUNCIL v INGRAM [1989] NSWCA 204

SYDNEY COUNTY COUNCIL v INGRAM [1989] NSWCA 204

The trial judge properly exercised discretion under Supreme Court Act 1970, s89, by considering the impact of television advertisements and alternative means of ensuring a fair trial, concluding that dispensing with the jury was appropriate in the circumstances.

Parties
Claimant: Sydney County Council; Claimant: Ingram
Jurisdiction
Australia
Judgment Date
01 March 1989
Procedural Posture
Personal Injuries Action / Summons for Leave to Appeal
Outcome
summons for leave to appeal dismissed
Legal Topics
Dispensing With Jury, Trial Process, Exercise of Judicial Discretion
Procedure Dispensing With Jury Trial Process Exercise of Judicial Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Sydney County Council

Claimant

Ingram

Claimant

Procedural Posture

Personal Injuries Action / Summons for Leave to Appeal

Legal Issues

  1. 1 Whether the trial judge exercised discretion appropriately in dispensing with the jury due to television advertisements said to be relevant to issues for trial

Ratio Decidendi

The trial judge properly exercised discretion under Supreme Court Act 1970, s89, by considering the impact of television advertisements and alternative means of ensuring a fair trial, concluding that dispensing with the jury was appropriate in the circumstances.

Court Disposition

summons for leave to appeal dismissed

Orders

  • Summons dismissed with costs.
  • Claimants must pay the costs of the opponent.