INDEPENDENT FORESTRY SERVICES PTY LTD v ROGERS [1988] NSWCA 72

INDEPENDENT FORESTRY SERVICES PTY LTD v ROGERS [1988] NSWCA 72

Cole J's discretion miscarried as it was exercised on the basis of irrelevant considerations derived from generalities about jury trial (as in Smoje) rather than any features peculiar to the case; no proper material was before the judge to justify dispensing with a jury where the appellant had duly requisitioned one...

Source-derived case information.

Parties
Appellant: Independent Forestry Services Pty Ltd; Respondent: Rogers
Jurisdiction
Australia
Judgment Date
05 August 1988
Procedural Posture
Civil / Appeal From Interlocutory Order
Outcome
Appeal allowed (by majority); order dispensing with jury set aside; proceedings remitted to Common Law Division for trial with jury; costs to be costs in the cause.
Legal Topics
Jury Trial, Discretion to Dispense With Jury, Supreme Court Act 1970 (nsw) S89, Common Law Proceedings
Civil Procedure Jury Trial Discretion to Dispense With Jury Supreme Court Act 1970 (nsw) S89 Common Law Proceedings

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Independent Forestry Services Pty Ltd

Appellant

Rogers

Respondent

Procedural Posture

Civil / Appeal From Interlocutory Order

Legal Issues

  1. 1 Whether a trial judge may of own initiative order trial without a jury under s89 of the Supreme Court Act 1970 (NSW) when no application was made by a party
  2. 2 Whether Cole J miscarried his discretion by reference to wrong principles and irrelevant considerations in dispensing with the jury

Ratio Decidendi

Cole J's discretion miscarried as it was exercised on the basis of irrelevant considerations derived from generalities about jury trial (as in Smoje) rather than any features peculiar to the case; no proper material was before the judge to justify dispensing with a jury where the appellant had duly requisitioned one under the Act.

Court Disposition

Appeal allowed (by majority); order dispensing with jury set aside; proceedings remitted to Common Law Division for trial with jury; costs to be costs in the cause.

Orders

  • Appeal allowed.
  • Order of Cole J dated 11 July 1988 that all issues of fact in the proceedings be tried without a jury, set aside.