Combined Excavations & Supplies v Bowis

Combined Excavations & Supplies Pty Ltd (the appellant) appealed to the Supreme Court of New South Wales against an order of the District Court of New South Wales that dispensed with a trial by jury in proceedings brought by Mr. Bowis (the respondent). The core of the dispute concerned the exercise of the District Court's discretion under section 125 of the *Civil Procedure Act 2005* (NSW) to dispense with a jury trial.

The appeal required the Court to determine several key legal issues. These included what factors are relevant to the exercise of the discretion to dispense with a jury trial, whether considerations of a universal character that favour jury trials may be relied upon by a party seeking to retain a jury, and whether the factor relied upon to dispense with a jury must be significant and specific to the case. The Court also had to consider whether the primary judge erred in dispensing with the jury in this particular instance.

The Court reasoned that while the general preference for jury trials in civil matters is a relevant consideration, it is not determinative. The discretion to dispense with a jury is broad, but it must be exercised judicially. The Court held that the primary judge had erred by focusing on considerations that were of a universal character, such as the complexity of the evidence, without identifying specific reasons why those considerations would make a jury trial inappropriate in this case. The Court emphasised that the reasons for dispensing with a jury must be significant and specific to the particular proceedings, demonstrating that a jury trial would be unsatisfactory or unjust.

The appeal was allowed, and the order of the District Court dispensing with a jury trial was set aside.