McDONALD v COMMONWEALTH DEVELOPMENT BANK OF AUSTRALIA [1991] NSWCA 195

McDONALD v COMMONWEALTH DEVELOPMENT BANK OF AUSTRALIA [1991] NSWCA 195

Leave to appeal was refused because the principal basis for a jury trial was removed by the appellant's effective concession as to their own fraud, and no error of law or miscarriage of discretion by the trial judge was demonstrated.

Parties
Appellant: McDonald; First Respondent: Commonwealth Development Bank of Australia
Jurisdiction
Australia
Judgment Date
26 August 1991
Procedural Posture
Appeal / Application for Leave to Appeal
Outcome
summons for leave to appeal dismissed
Legal Topics
Trial by Jury, Discretion to Refuse Jury, Fraud
Practice and Procedure Commercial Law Trial by Jury Discretion to Refuse Jury Fraud

Case Brief

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Parties

McDonald

Appellant

Commonwealth Development Bank of Australia

First Respondent

Procedural Posture

Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 whether the trial judge miscarried discretion in refusing a jury trial under s85 Supreme Court Act 1970 in a case involving allegations of fraud

Ratio Decidendi

Leave to appeal was refused because the principal basis for a jury trial was removed by the appellant's effective concession as to their own fraud, and no error of law or miscarriage of discretion by the trial judge was demonstrated.

Court Disposition

summons for leave to appeal dismissed

Orders

  • summons dismissed with costs