Lombard Insurance Company (Aust) Limited v G & J Shopfitting & Refrigeration Co Pty Limited

This matter came before the High Court of Australia on an application for special leave to appeal. The applicant was Lombard Insurance Company (Aust) Limited, and the respondent was G & J Shopfitting & Refrigeration Co Pty Limited. The dispute concerned the ability of a trial judge to dispense with a jury after a trial has commenced, particularly in light of a decision by the Court of Appeal.

The central legal issue before the High Court was whether a trial judge retains a discretion, after the commencement of a trial, to order that all or any issues of fact be tried by the judge alone, rather than by a jury. This question arose in the context of a significant backlog of jury trials in the common law division of the Supreme Court of New South Wales, and the potential impact of the Court of Appeal's decision on judicial efficiency and cost-saving measures.

The applicant argued that the Court of Appeal's decision erroneously denied trial judges a useful discretion, impacting all common law causes. Specifically, it was contended that if a complex issue arose during a trial, or if a jury was discharged for reasons such as juror sickness or misconduct, the trial judge should be permitted to continue the trial without a jury to save costs and judicial time, and to avoid a complete retrial. The applicant submitted that the Court of Appeal's reasoning precluded such an approach, requiring a recommencement of the trial before a new jury even if the original trial had concluded.