Court of Appeal Wellington
19 May 1989
Cooke P, Somers, Casey, Hardie Boys and Wylie JJ
19 May 1989
Cooke P, Somers, Casey, Hardie Boys and Wylie JJ
Practice and procedure — Jurisdiction — Inherent jurisdiction — Whether, when party has established his right to trial by a Judge and jury, Court has inherent jurisdiction to order trial by Judge alone — Judicature Act 1908, s 19A.
Practice and procedure — Trial — Form of trial — Defendant to defamation proceedings sought trial by Judge and jury — Plaintiff sought trial by Judge alone on grounds that the evidence would prejudice him in the eyes of the jury — Whether, if plaintiff has not established statutory grounds for trial by Judge alone, Judge has discretion to order trial by Judge alone — Judicature Act 1908, s 19A.
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