3 Apr 2007
VINCENT ROSS SIEMER AND JANE CHAPMAN SIEMER AND ANOR V KATE FARDELL EXECUTRIX FOR THE ESTATE OF ROBERT FARDELL HC AK CIV-2003-404-5782
- Citation
- openlaw-45fea9f7_6d94_41d6_a44f_f650d98c15df.pdf
- Court
- High Court
The Judge found that s19A(5)(a) and (b) were satisfied because the pleaded causes of action raise multiple complex and intermingled legal and factual issues (complexity of Companies Act s174 procedure, conflict/fiduciary issues, causation, remedies and valuation) and will require prolonged examination of documents and expert evidence such that the respective functions of judge and jury cannot be kept separate; accordingly the discretion was exercised to order trial by Judge alone.