Section 85 of the Supreme Court Act 1970 (NSW) applies only to proceedings in a Division of the Supreme Court; the Court of Appeal is not a Division, and accordingly there is no power to order trial by jury of an appeal. The Civil Procedure Act 2005 (NSW) does not impliedly amend or repeal s 85. Pro bono referral under UCPR r 7.36 is unlikely to be granted where the amounts at stake are very large (here, over $30 million), as commercial funding should ordinarily be available if the case has merit.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
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