R v George
[2023] NSWDC 141
Citation 1
…t any verdict is not affected by misconduct of counsel: see Bickel v John Fairfax & Sons Ltd [1981] 2 NSWLR 474 at 501; cf R v George (1987) 9 NSWLR 527 at 534 per Street CJ. Before taking the extreme step of discharging a jury, particularly after a lengthy trial, the judge should consider whether, by appropriately e…
Graham Evans Pty Ltd v Stencraft Pty Ltd
[1999] FCA 1670
Citation 2
…scope which the natural and ordinary meaning of its words supports.[11] [10] Wilson v Burridge [1955] VLR 433 at 435 [11] Pezzimenti v Seamer [1995] 2 VR 32 at 38 7 In Morgan v John Fairfax & Sons Ltd , John Fairfax & Sons Ltd v Morgan ,[12] Kirby P (as he then was) restated the principles governing the d…
Fitzpatrick v Walter E Cooper Pty Ltd
[1935] HCA 82
Citation 3
…without the loss of the opportunity to take the jury's verdict, in case it can be sustained: cf Fitzpatrick v Walter E Cooper Pty Ltd (1935) 54 CLR 200 at 211. 8. Nevertheless, it remains the duty of the trial judge throughout the conduct of the trial to ensure that a fair trial is had and that any verdict is not af…
Morgan v John Fairfax & Sons Limited
[1991] HCATrans 51
Citation 4
…v Morgan ,[12] Kirby P (as he then was) restated the principles governing the discharge of a jury.[13] The learned President said the following: [12] (1988) 13 NSWLR 208 [13] See principles numbered 1 to 8 “1. The mishaps and mistakes which can occur in the conduct of trials are almost infinite in their variety. Accor…
Christodoulou v Tunstall Square Fruit and Vegetables Pty Ltd
[2010] VCC 1617
Citation 5
…antly affecting the plaintiff’s case. [2] T 132, L13 [3] Christodoulou v Tunstall Square Fruit & Vegetables Pty Ltd (Ruling No 4) [2010] VCC 1617 (5) Mr Richards submitted the cross-examination of Mr Scanlon of the plaintiff was, in part, bullying and unfair. He cited examples: • In questioning the plaintiff about…
Christodoulou v Tunstall Square Fruit and Vegetables Pty Ltd
[2010] VCC 1563
Citation 6
…xplanation by a proper direction to the jury. [8] See my Ruling, Christodoulou v Tunstall Square Fruit & Vegetables Pty Ltd (Ruling No 1) [2010] VCC 1563 [9] Ruling No 4 (5) He denied bullying any of the witnesses, nor conducting his cross- examination in any inappropriate way. (6) He stated that the only referenc…