NSW Caselaw
Reported Decision: 69 NSWLR 496 Appeal Outcome: Special leave application refused with costs by the High Court - 7 March 2008
New South Wales Court of Appeal
CITATION: MAROUBRA RUGBY LEAGUE FOOTBALL CLUB INC v MALO & Anor [2007] NSWCA 39 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 23 February 2007
JUDGMENT DATE: 7 March 2007
JUDGMENT OF: Mason P at 1; Ipp JA at 57; Tobias JA at 58
DECISION: Appeal allowed
CATCHWORDS: PRACTICE – trial – trial by jury – whether trial by jury is in the "interests of justice" - STATUTES – interpretation – "interests of justice" – Supreme Court Act, s 85(2)(b) - STATUTES – interpretation – utility of second reading speeches
Interpretation Act 1987, s34 LEGISLATION CITED: Supreme Court Act 1970, s85 Uniform Civil Procedure Rule 29.1(6)
Cross v Theiss Pty Ltd [2006] NSWSC 1455 Darrel Lea (Vic) Pty Ltd v Union Assurance Society of Australia Ltd [1969] VR 401 Finance Facilities Pty Ltd v Federal Commissioner of Taxation (1971) 127 CLR 106 Leach v The Queen [2007] HCA 3 Malo v South Sydney District Junior Rugby Football League Ltd & Anor [2006] NSWSC 1133 McDermott v Collien (1953) 87 CLR 154 CASES CITED: Muir v Council of Trinity Grammar School [2005] NSWSC 555 Pambula District Hospital v Herriman (1988) 14 NSWLR 387 Samad v District Court of New South Wales (2002) 209 CLR 140 Shire of Swan Hill v Bradbury (1937) 56 CLR 746 Stalyce Holdings (Aust) Pty Ltd v Cetec Pty Ltd (2002) ATPR 41-866; [2002] FCA 278 Swain v Waverley Municipal Council (2005) 220 CLR 517 Wilson v Anderson (2002) 213 CLR 401
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