McDermott v Collien [1953] HCA 44

McDermott v Collien [1953] HCA 44

There is no special reason in this case to depart from the statutory norm that civil actions in the High Court be tried without a jury. The mere suitability of the cause of action for jury trial, or a party's preference, does not justify such an order. Accordingly, the application for trial by jury is refused.

Jurisdiction
Australia
Procedural Posture
Civil / Application for Trial by Jury
Outcome
summons dismissed
Legal Topics
['application for Trial by Jury' 'sale of Goods' 'implied Conditions' 'breach of Contract']
['civil Procedure' 'contract'] ['application for Trial by Jury' 'sale of Goods' 'implied Conditions' 'breach of Contract']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Application for Trial by Jury

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to have the action tried with a jury under the High Court Procedure Act 1903-1950 and High Court Rules.']

Ratio Decidendi

There is no special reason in this case to depart from the statutory norm that civil actions in the High Court be tried without a jury. The mere suitability of the cause of action for jury trial, or a party's preference, does not justify such an order. Accordingly, the application for trial by jury is refused.

Court Disposition

summons dismissed

Orders

  • ['Summons dismissed with costs.' 'Certify for counsel.']