Hay v Dalgety and Company Ltd

In *Hay v Dalgety and Company Ltd*, the High Court of Australia considered an appeal concerning an action for damages for breach of covenant. The dispute arose between the mortgagor, Hay, and the mortgagee, Dalgety and Company Ltd.

The central legal issue before the High Court was whether the action, which involved a prolonged examination of documents and accounts, was a matter that fell "heretofore unthiu the cognizance of the Court in its Equitable Jurisdiction." This question was critical in determining whether the case should be tried with a jury.

The Court reasoned that actions involving the examination of accounts and documents, particularly those arising from complex contractual relationships like a mortgage, were traditionally matters dealt with by courts of equity. Equity courts were equipped to handle such intricate financial investigations without the need for a jury. Therefore, the High Court held that the nature of the dispute, requiring extensive examination of accounts, meant it was not a matter for a jury trial.

The High Court upheld the decision that the case should not be tried with a jury.