Gillies v State of New South Wales [2023] NSWSC 1520

Supreme Court New South Wales

Medium Neutral Citation: Gillies v State of New South Wales [2023] NSWSC 1520 Hearing dates: 5 December 2023 Date of orders: 13 December 2023 Decision date: 13 December 2023 Jurisdiction: Common Law Before: Harrison CJ at CL Decision: (1) Dismiss Mr Gillies' notice of motion filed 3 October 2023. (2) Order Mr Gillies to pay the defendants' costs of and incidental to the motion. Catchwords: CIVIL PROCEDURE – application for a trial by jury of interlocutory matter pursuant to Supreme Court Act s 85 – whether trial by jury can be ordered for interlocutory matter – whether the Court is satisfied that the interests of justice require a trial by jury in the proceedings Legislation Cited: Supreme Court Act 1970 (NSW) s 85 Uniform Civil Procedure Rules 2005 (NSW) r 7.36, 13.4, 14.28, 29.2 Cases Cited: Gillies v State of New South Wales & Ors [2022] NSWSC 640 Kowalski v MMAL Staff Superannuation Fund Pty Ltd [2009] FCAFC 117 Macatangay v New South Wales (No 2) [2009] NSWCA 272 Maroubra Rugby League Football Club Inc v Malo & Anor (2007) 69 NSWLR 496; [2007] NSWCA 39 Patton v Buchanan Borehole Collieries Pty Limited (1993) 178 CLR 15; [1993] HCA 23 Category: Procedural rulings Parties: Max Perry Gillies (Plaintiff) His Honour Judge Ronald Solomon (1st Defendant) State of New South Wales (2nd Defendant) Commonwealth of Australia (3rd Defendant) Representation: Counsel: T Buterin (1st and 2nd Defendants) C Trahanas (3rd Defendant)