G AND J SHOPFITTING AND REFRIGERATION CO PTY LTD (In liquidation) v LOMBARD INSURANCE CO (AUSTRALIA) LTD [1989] NSWCA 80

G AND J SHOPFITTING AND REFRIGERATION CO PTY LTD (In liquidation) v LOMBARD INSURANCE CO (AUSTRALIA) LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

Hope, PRIESTLEY and CLARKE JJA 10 April 1989

[1989] NSWCA 80

Hope and Priestley and Clarke JJA This is an application for leave to appeal from a decision of Smart J dispensing with or alternatively discharging a jury in proceedings which up to this time have gone on for some eleven days. The occasion for the making of the order appears to have been a statement made by an employer of one of the jurors.

The claimant wishes the matter to proceed with a jury, either the old jury or a new jury, and the opponent wishes the matter to proceed before Smart J without a jury. The immediacy of the application was occasioned by an order of Smart J adjourning the proceedings until 2 pm tomorrow, 11 April.

In the opinion of the court there is no emergency or urgency which requires this application to be heard today, and it will be dealt with on an ordinary motion day of this court. The proceedings before Smart J will be stayed in the meanwhile.

The court accordingly orders that the application is adjourned to 17 April 1989. The proceedings at first instance are stayed up to and including 17 April 1989. Costs to be costs in the application.