Gillies v His Honour Judge Solomon DCJ

The applicant, Gillies, sought leave to appeal a decision of His Honour Judge Solomon DCJ concerning an application for a jury trial in interlocutory proceedings. The dispute centred on allegations of actual bias made by the applicant.

The primary legal issue before the Court of Appeal was whether a jury trial could be ordered for an interlocutory matter that did not involve factual questions to be determined by a jury. The Court was also required to consider whether there was any issue of principle justifying the grant of leave to appeal.

The Court of Appeal reasoned that interlocutory matters, particularly those concerning allegations of bias, are typically determined by a judge without a jury. The Court found no basis to depart from this general rule in the present circumstances, nor did it identify any broader issue of principle that warranted appellate intervention. Consequently, the Court concluded that leave to appeal should be refused.

Accordingly, leave to appeal was refused, and the applicant was ordered to pay the respondents’ costs of the application for leave to appeal.