A jury should not be dispensed with under s 79A of the District Court Act 1973 (NSW) unless there is a factor in the particular case of sufficient weight to overcome the entitlement to jury trial — described as 'singular circumstances' or 'specific difficulties' that transcend the usual problems encountered with jury trials. The mere fact that jury trial is unavailable at the venue where proceedings were commenced, requiring transfer to Sydney with attendant delay and inconvenience, is (per Spigelman CJ and Davies AJA) a consideration of universal application insufficient to justify dispensing with a jury. However, Heydon JA considered that the comparative inconvenience arising from the unavailability of jury trial at a particular venue could be a factor particular to the case.
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