IPC MAGAZINES LIMITED v DWYER SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL CLARKE JA, MEAGHER JA and HANDLEY JA 2 August 1993 [1993] NSWCA 143 Clarke JA. The application for leave to appeal is refused. The Court is not persuaded that Levine J made any errors, but in any event the power is retained by a trial judge to act under s 89(2) if he thinks during the course of the proceedings that it is appropriate then to dispense with the jury and to proceed without that jury. The order will be that leave to appeal is refused with costs. Orders accordingly.