Gillies v State of New South Wales [2023] NSWSC 1520

Gillies v State of New South Wales [2023] NSWSC 1520

The motion was dismissed because Mr Gillies sought a jury only for interlocutory applications, but an interlocutory application is not a trial within the meaning of s 85 of the Supreme Court Act 1970 (NSW), and in any event the technical issues on the defendants' summary dismissal and strike out motions did not make the Court satisfied that the interests of justice required a jury.

Jurisdiction
Australia
Judgment Date
13 December 2023
Procedural Posture
Civil Procedure Application for Trial by Jury Under Supreme Court Act 1970 (nsw) S 85 / Interlocutory Notice of Motion Filed 3 October 2023 Seeking a Jury for Interlocutory Motions Listed for 13 February 2024
Outcome
Mr Gillies' notice of motion filed 3 October 2023 was dismissed with costs.
Legal Topics
['trial by Jury' 'interlocutory Applications' 'summary Dismissal' 'strike Out' 'interests of Justice']
['civil Procedure'] ['trial by Jury' 'interlocutory Applications' 'summary Dismissal' 'strike Out' 'interests of Justice']

Case Brief

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Procedure Application for Trial by Jury Under Supreme Court Act 1970 (nsw) S 85 / Interlocutory Notice of Motion Filed 3 October 2023 Seeking a Jury for Interlocutory Motions Listed for 13 February 2024

Legal Issues

  1. 1 ['Whether Supreme Court Act 1970 (NSW) s 85 permits a jury to be empanelled to determine interlocutory applications for summary relief or strike out.' 'Whether the interests of justice required a trial by jury for the interlocutory motions.' "Whether Mr Gillies' notice of motion for a jury trial should be dismissed."]

Ratio Decidendi

The motion was dismissed because Mr Gillies sought a jury only for interlocutory applications, but an interlocutory application is not a trial within the meaning of s 85 of the Supreme Court Act 1970 (NSW), and in any event the technical issues on the defendants' summary dismissal and strike out motions did not make the Court satisfied that the interests of justice required a jury.

Court Disposition

Mr Gillies' notice of motion filed 3 October 2023 was dismissed with costs.

Orders

  • ["Dismiss Mr Gillies' notice of motion filed 3 October 2023." "Order Mr Gillies to pay the defendants' costs of and incidental to the motion."]