GREGORY V GOLLAN AND ORS HC AK CIV 2005 - 404-3485

GREGORY V GOLLAN AND ORS HC AK CIV 2005 - 404-3485

The Court found that s19A(5) jurisdiction existed and, exercising its discretion, ordered trial by judge alone because the case raised multiple interdependent causes of action and mixed questions of law and fact (notably implied licence to enter, validity of arrest under s315, and ACC-related limits on damages) such that jury management would be impracticable and unduly time-consuming; the order was granted by a narrow margin.

Citation
openlaw-2f200204_7452_45bc_9716_3eda17f6c67a.pdf
Parties
Plaintiff: MICHAEL GREGORY; First Defendant: THOMAS GOLLAN; Second Defendant: ATTORNEY-GENERAL OF NEW ZEALAND; Third Defendant: JOHN BERNARD MARIE FURLONG; Fourth Defendant: MILES EDWARD FINLAISON SUTHERLAND; Fifth Defendant: NIGEL TURNBULL
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 September 2006
Procedural Posture
Civil / Pre Trial Application Under S19 A(5) Judicature Act 1908 for Trial by Judge Alone
Outcome
Defendants' application under s19A(5) granted; trial to be conducted by Judge without a jury
Legal Topics
Assault and Battery, Trespass to Land, False Imprisonment, Unlawful Arrest, Malicious Prosecution, Misfeasance in Public Office, Conspiracy to Injure by Unlawful Means, Trial by Jury Vs Judge Alone (s19 A), Implied Licence to Enter Property, ACC Bar to Personal Injury Damages
Tort Civil Procedure Criminal Procedure Administrative Law Assault and Battery Trespass to Land False Imprisonment Unlawful Arrest +6 more

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Parties

MICHAEL GREGORY

Plaintiff

THOMAS GOLLAN

First Defendant

ATTORNEY-GENERAL OF NEW ZEALAND

Second Defendant

JOHN BERNARD MARIE FURLONG

Third Defendant

MILES EDWARD FINLAISON SUTHERLAND

Fourth Defendant

NIGEL TURNBULL

Fifth Defendant

Procedural Posture

Civil / Pre Trial Application Under S19 A(5) Judicature Act 1908 for Trial by Judge Alone

Legal Issues

  1. 1 Whether s19A(5) threshold is met to order trial by judge alone
  2. 2 Whether legal questions and factual issues are so intertwined that jury trial is inconvenient
  3. 3 Whether officer had lawful authority to arrest under s315 Crimes Act 1961

Ratio Decidendi

The Court found that s19A(5) jurisdiction existed and, exercising its discretion, ordered trial by judge alone because the case raised multiple interdependent causes of action and mixed questions of law and fact (notably implied licence to enter, validity of arrest under s315, and ACC-related limits on damages) such that jury management would be impracticable and unduly time-consuming; the order was granted by a narrow margin.

Court Disposition

Defendants' application under s19A(5) granted; trial to be conducted by Judge without a jury

Orders

  • Application under s19A(5) Judicature Act 1908 granted
  • Proceeding to be tried before a Judge alone (no jury)