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
Summary, issues, holding and outcome
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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
Legal Issues
- 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.
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