High Court Wellington
16, 29 May 1958
Barrowclough C.J.
Court of Appeal Wellington
19, 20 June; 4 July 1958
Gresson P., North J., McCarthy J.
16, 29 May 1958
Barrowclough C.J.
Court of Appeal Wellington
19, 20 June; 4 July 1958
Gresson P., North J., McCarthy J.
Practice — Trial — Application for Order for Trial before Judge with Jury — Nature of Discretion Exercisable — Principles affecting Appeal from Exercise of Such Discretion — Judicature Amendment Act 1936, s. 3
Practice — Trial — Application for Trial before Judge with Jury — Finding on Issue of Perjury decisive of Action — Grave Imputation made against Defendant's Character — Unless Strong Countervailing Considerations, Action "more conveniently tried before a Judge with a jury" — Likelihood of Tender of Technical Evidence not beyond Ready Comprehension of Common Jury, not a Countervailing Consideration — Order for Trial with Jury — Judicature Amendment Act 1936, s. 3.
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