DUBBO STOCK & STATION AGENTS PTY LTD v LAWS [2004] NSWCA 336

New South Wales Court of Appeal

CITATION : DUBBO STOCK & STATION AGENTS PTY LTD v LAWS [2004] NSWCA 336 HEARING DATE(S) : 3 September 2004 JUDGMENT DATE : 21 September 2004

JUDGMENT OF : Sheller JA at 1; Giles JA at 34; McColl JA at 35 DECISION : 1 Grant leave to appeal; 2 Appeal allowed; 3 Set aside the order of Judge McLoughlin of 19 May 2004 dispensing with the jury and refusing the defendant/claimant's application for an extension of time within which to serve on the plaintiff/opponent's solicitor the notice of requisition; 4 Extend the time for the defendant/claimant to serve the notice of requisition on the plaintiff/opponent's solicitor up to and including the date of such service; 5 The plaintiff/opponent to pay the defendant/claimant's costs of the application for leave to appeal and of the appeal and to have a certificate under the Suitors' Fund Act 1951.

CATCHWORDS : JURY TRIAL - requisition for trial with a jury served one day out of time - whether correct to dispense with jury - whether future case management and need for expedition were matters specific to case - whether incorrect estimate of length of jury trial by trial Judge - consideration of amendments to s79 District Court Act 1973 District Court Act 1973 LEGISLATION CITED : Workers Compensation Act 1987 Courts Legislation Amendment (Civil Juries) Act 2001 Workers Compensation Legislation Further Amendment Act 2001 Combined Excavations and Supplies v Bowis [2000] NSWCA 298 CASES CITED : Pambula District Hospital v Herriman (1988) 14 NSWLR 387 Gerlach v Clifton Bricks Pty Ltd (2002) 209 CLR 478 PARTIES : Dubbo Stock & Station Agents Pty Ltd - Claimant Robert James Laws - Opponent FILE NUMBER(S) : CA 40467/04 COUNSEL : M J Neil QC/W P Y Austron - Claimant S Norton SC/J J Young - Opponent SOLICITORS : Leigh Virtue & Associates - Claimant Stacks - The Law Firm - Opponent