THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
WHEALY J
FRIDAY 31 AUGUST 2001
020653/00 - JOHN WILSON v STATE OF NEW SOUTH WALES
Mr Wilson in person.
Miss Mahoney for the Defendant.
- - -
HIS HONOUR: Is this matter ready for hearing?
MAHONEY: Yes it is. There is an estimate of half to one day.
WILSON: Can I proceed without out a jury? It cannot proceed without out a jury. I do not
give my consent otherwise. It must be a jury. I would like to point out the Supreme Court Procedure Act 1900, section 3: "In any action by consent of both parties the whole or any one or more of the issues of fact in
question may be tried, or the amount of any damages or compensation may be assessed by a Judge without out a jury." I do not give my consent to be without out a jury.
HIS HONOUR: This is a notice of motion.
WILSON: Yes. A jury deals with a notice of motion. This is covered in -
HIS HONOUR: Mr Wilson, I have something like seventy-four matters to deal with today -
WILSON: This is why you should put it back to
the list judge to be scheduled for trial by a jury. It cannot proceed any other way. I am already in the High Court on this same issue, appealing against judges who deny the right of trial by a j ury.
HIS HONOUR: I
am not here today to hear argument from you, I simply want to give you a bit of helpful advice, and that is to say to you you are on the wrong track.
WILSON: I am not on the wrong track at all, the judges are on the
wrong track, they do not make the law, the Court consists of a judge and a jury -
MAHONEY: 8 October is suitable.
HIS HONOUR: I am going to set this matter down for hearing on 8 October Mr Wilson. You
can make your application on that day before whoever is hearing it.
WILSON: You are denying a trial by a jury?
HIS HONOUR: I am setting this matter down for 8 October.
WILSON: Without out a jury?
HIS HONOUR: I made my order.
WILSON: Will there be a jury on that date?
HIS HONOUR: Resume your seat please or I will have you removed. The matter will be set down for hearing on 8 October. If Mr Wilson
wants to make submissions that a jury should be in the matter on that day he may do so before the judge who is listed to hear the matter.
WILSON: Those submissions should be made to a jury your Honour. The Court consists
of a judge and a jury.
HIS HONOUR: Mr Wilson, I have a lot of matters to get through today.
WILSON: And you must obey the law.
HIS HONOUR: Please resume your seat.
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