Anastasios Bellos and 3 Ors v Australian Mutual Provident Society

The applicants, Anastasios Bellos and three others, appealed to the Court of Appeal of New South Wales against a jury verdict in favour of the respondent, Australian Mutual Provident Society. The dispute concerned the conduct of the jury trial, specifically the empanelling of the jury and the subsequent ability of jurors to continue their duties.

The primary legal issues before the Court of Appeal were whether the jury verdict was a nullity due to an inadequate number of persons in the jury panel, and whether the jury was so ill as to be unable to continue their duty.

The Court of Appeal dismissed the appeal, finding that the jury verdict was not a nullity. The judges reasoned that the empanelling process, despite the reduced number of available jurors, did not constitute a fundamental irregularity that would invalidate the verdict. Furthermore, the court was satisfied that the jurors who remained were capable of continuing their duties and reaching a just verdict. The appeal was dismissed with costs.