Practice and procedure – Appeals - Availability of appeal where trial in District Court of New South Wales conducted with jury - Where trial judge entered "verdict" for defendant following jury's answers to questions - Whether appellant a party "dissatisfied with a Judge's - judgment or order in an action" within meaning of District Court Act 1973 (NSW), s 127(1) - Relevance of absence in Supreme Court Act 1970 (NSW) of express provision conferring power on Court of Appeal in relation to appeals from District Court trial with jury.
Practice and procedure – Appeals - Where right of appeal exists in respect of "a Judge's - judgment or order in an action" - Relevance of cases dealing with phrase "all judgments, decrees, orders, and sentences" in Constitution, s 73.
Words and phrases – "all judgments, decrees, orders, and sentences", "Judge's - judgment or order in an action".
Defamation Act 1974 (NSW) – s 7A.
District Court Act 1973 (NSW) – ss 126, 127(1).
Supreme Court Act 1970 (NSW) – ss 22, 75A.
Judgment date
Case number
S311/2008
Before
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Catchwords