SHEEHAN v McDONELL [No 2] [1992] NSWCA 228

SHEEHAN v McDONELL [No 2] [1992] NSWCA 228

As Garling DCJ has corrected his order under the slip rule and restored the claimant’s right to a jury, further relief from the Court of Appeal is unnecessary; summons for leave to appeal is dismissed, and costs are to abide the outcome of trial.

Parties
Claimant: URJ Sheehan; Opponent: McDonell
Jurisdiction
Australia
Judgment Date
21 August 1992
Procedural Posture
Civil / Application for Leave to Appeal and Appeal at Court of Appeal
Outcome
summons for leave to appeal dismissed
Legal Topics
Right to Trial by Jury, Procedural Fairness, Natural Justice, Costs, Slip Rule
Civil Procedure Right to Trial by Jury Procedural Fairness Natural Justice Costs Slip Rule

Case Brief

Summary, issues, holding and outcome

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Parties

URJ Sheehan

Claimant

McDonell

Opponent

Procedural Posture

Civil / Application for Leave to Appeal and Appeal at Court of Appeal

Legal Issues

  1. 1 Whether the claimant was denied natural justice in losing the right to a jury trial due to her counsel's absence
  2. 2 Whether Garling A-DCJ erred in excising the order relating to the jury from the orders set aside
  3. 3 Whether detailed reasons are required in interlocutory proceedings

Ratio Decidendi

As Garling DCJ has corrected his order under the slip rule and restored the claimant’s right to a jury, further relief from the Court of Appeal is unnecessary; summons for leave to appeal is dismissed, and costs are to abide the outcome of trial.

Court Disposition

summons for leave to appeal dismissed

Orders

  • Summons for leave to appeal dismissed
  • Costs of the proceedings in the Court of Appeal to be costs in the proceedings in the District Court