Gerlach v Clifton Bricks Pty Ltd

HIGH COURT OF AUSTRALIAGAUDRON, McHUGH, KIRBY, HAYNE AND CALLINAN JJARMIN HERBERT GERLACH   APPELLANTANDCLIFTON BRICKS PTY LIMITED  RESPONDENTGerlach v Clifton Bricks Pty Ltd [2002] HCA 2230 May 2002S43/2001ORDER1.   Appeal allowed with costs.2.   The orders of the Court of Appeal of the Supreme Court of New South Wales made on 28 April 2000 be set aside. 3.   The matter be remitted to that Court to hear and determine the grounds of appeal other than those seeking to challenge the order dispensing with a jury.4.   The costs of the appeal to the Court of Appeal to be in the discretion of that Court.On appeal from the Supreme Court of New South WalesRepresentation:J M Ireland QC with J F Burn for the appellant (instructed by Gary Robb & Associates)B W Rayment QC with A R Ashburner for the respondent (instructed by Hunt & Hunt)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSGerlach v Clifton Bricks Pty LtdAppeals – Interlocutory orders – Interlocutory order dispensing with a jury in the trial of a civil matter – Leave to appeal against interlocutory order not sought – Action tried by judge alone – Later appeal against both final judgment and order to dispense with a jury – Whether order to dispense with a jury gave rise to a substantial wrong or miscarriage warranting an order for a new trial.Practice and procedure – Interlocutory order – Entitlement of disaffected party to save up challenge as...