Gerlach v Clifton Bricks Pty Ltd

Appeals – 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 ground of appeal against final judgment.

Courts – Statutory conferral of discretionary powers – Need to exercise powers in accordance with the statutory grant – Need to afford liberal construction to powers conferred on courts.

Words and phrases – "substantial wrong or miscarriage".

District Court Act 1973 (NSW) – s 79A.

Supreme Court Rules 1970 (NSW) – Pt 51AA r 16.