Maroubra Rugby League Football Club Inc v Malo

The Court of Appeal of New South Wales heard an appeal concerning the interpretation of section 85(2)(b) of the *Supreme Court Act 1970* (NSW). The appellant, Maroubra Rugby League Football Club Inc, sought to appeal a decision that had refused its application for a trial by jury. The respondent was Malo.

The central legal issue before the Court was whether a trial by jury in the circumstances of this case would be in the "interests of justice" as contemplated by section 85(2)(b) of the *Supreme Court Act*. This required the Court to consider the principles governing the exercise of discretion to order a jury trial and the weight to be given to various factors, including the nature of the proceedings and the potential utility of second reading speeches in statutory interpretation.

The Court analysed the legislative intent behind section 85(2)(b), noting that the "interests of justice" test requires a broad and flexible approach. It considered the nature of the dispute and concluded that the complexity of the issues and the potential for prejudice weighed against a jury trial. The Court also addressed the admissibility and utility of second reading speeches in interpreting legislation, finding them to be of limited assistance in this instance. Ultimately, the Court found that the primary judge had erred in their assessment of the "interests of justice" and that a jury trial was not appropriate.

The appeal was allowed, and the orders of the primary judge were set aside.