NSW Caselaw
New South Wales Supreme Court
CITATION : MUIR v. THE COUNCIL OF TRINITY GRAMMAR SCHOOL [2005] NSWSC 555
HEARING DATE(S) : Tuesday 24 May 2005
JUDGMENT DATE : 14 June 2005
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : Application dismissed. Plaintiff to pay the defendant's costs of the motion.
CATCHWORDS : Right to a jury trial in a civil action - s.85 Supreme Court Act - "interests of justice require" - seeking an order for a trial by jury - departure from normal method of trial - issues of an ethical, moral or social nature - general community contemporary values - allegation of criminal conduct by third parties - allegation of breach of duty
Supreme Court Act 1970 LEGISLATION CITED : Courts Legislation Amendment (Civil Juries) Act 2001 Evidence Act 1995
Falamaki v. Wollongong City Council & Anor [2003] NSWSC 890 Acton Engineering Pty. Limited v. Campbell (1999) 103 ALR 437 CASES CITED : Darrell Lea (Vic.) Pty. Limited v. Union Assurance Society of Australia Limited Stalyce Holdings (Aust.) Pty. Limited v. Cetec Pty. Limited (20020 FCA 278
MUIR, William v. PARTIES : THE COUNCIL OF TRINITY GRAMMAR SCHOOL
FILE NUMBER(S) : SC No. 20119 of 2003
Plaintiff: H.N. Kelly, SC COUNSEL : Defendant: J. Downing
Plaintiff: Hicksons SOLICITORS : Defendant: Colin Biggers & Paisley
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HALL, J.
TUESDAY 14 JUNE 2005
No. 20119 of 2003
WILLIAM MUIR V. THE COUNCIL OF TRINITY GRAMMAR SCHOOL
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