12 Jul 2006
BICKNELL V MACKINNON HC ROT CIV-2004-063-000882
- Citation
- openlaw-274b3aa2_d87a_431e_a4c5_241475e03120.pdf
- Court
- High Court
The application for a jury was dismissed because the dispute is essentially a relitigation of District Court findings without a clearly identified discrete issue of fact suitable for jury determination; issues of relevance and admissibility and the specialized nature of the proceedings make a judge better placed to decide; existence of s7 does not mandate a jury where inappropriate.