SMITH and ANOR v TELECOM LTD [1994] NSWCA 288

SMITH and ANOR v TELECOM LTD [1994] NSWCA 288

There is no error in principle or fact shown in the trial judge's exercise of discretion under s89(1) of the Supreme Court Act; the claimants have not established grounds for overturning the order that the trial be held without a jury.

Parties
Applicant: Smith; Respondent: Telecom Ltd
Jurisdiction
Australia
Judgment Date
01 September 1994
Procedural Posture
Application for Leave to Appeal / Appellate
Outcome
application dismissed with costs
Legal Topics
Jury Trial Discretion, Application to Dispense With Jury, Exercise of Judicial Discretion
Civil Procedure Jury Trial Discretion Application to Dispense With Jury Exercise of Judicial Discretion

Case Brief

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Parties

Smith

Applicant

Telecom Ltd

Respondent

Procedural Posture

Application for Leave to Appeal / Appellate

Legal Issues

  1. 1 Whether the trial judge erred in exercising discretion under s89(1) of the Supreme Court Act to order that all issues of fact be tried without a jury

Ratio Decidendi

There is no error in principle or fact shown in the trial judge's exercise of discretion under s89(1) of the Supreme Court Act; the claimants have not established grounds for overturning the order that the trial be held without a jury.

Court Disposition

application dismissed with costs

Orders

  • Application dismissed with costs