Hogan, P. & Anor v. Koala Dundee Pty Ltd [1988] FCA 238

Hogan, P. & Anor v. Koala Dundee Pty Ltd [1988] FCA 238

No special reason has been shown to depart from the normal mode of trial by judge alone; application for jury trial refused.

Parties
First Applicant: Paul Hogan; Second Applicant: Rimfire Films Limited; Respondent: Koala Dundee Pty Limited
Jurisdiction
Australia
Judgment Date
08 April 1988
Procedural Posture
Interlocutory Application / Application for Trial by Jury
Outcome
Application for trial by jury dismissed.
Legal Topics
Trial by Jury, Passing Off, Trade Practices Act

Case Brief

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Parties

Paul Hogan

First Applicant

Rimfire Films Limited

Second Applicant

Koala Dundee Pty Limited

Respondent

Procedural Posture

Interlocutory Application / Application for Trial by Jury

  1. 1 Whether special reason exists to depart from the normal mode of trial by a judge alone and order trial by jury

Ratio Decidendi

No special reason has been shown to depart from the normal mode of trial by judge alone; application for jury trial refused.

Court Disposition

Application for trial by jury dismissed.

Orders

  • Application for trial by jury dismissed.
  • The costs of and incidental to the notice of motion filed on 29 March 1988 be taxed and paid by the respondent to the applicants, such taxation not to take place until a general order for costs is made in this suit or further earlier order.