High Court exercises its discretion and strikes out proceedings to recover damages for breach of constitutional rights, including the right to liberty, arising out of alleged unlawful imprisonment at a prison, on the grounds that: (a) there is no statutory right to trial by jury, and nor is the Court vested with a jurisdiction in equity to grant or direct a trial by jury for violation of constitutional rights; and (b) the proceedings were frivolous and vexatious, disclosed no cause of action and were bound to fail in circumstances whereby the plaintiff cannot take advantage of or rely upon a finding of unconstitutionality in proceedings brought subsequently, at the suit of another litigant, to challenge the lawfulness of his detention when he did not contest the proceedings nor appeal his imprisonment.
Practice and procedure - application to strike out the proceedings as being frivolous and vexatious, disclosing no cause of action and being bound to fail - proceedings brought by the plaintiff seeking damages for breach of constitutional, including the right to liberty, as a consequence of alleged unlawful detention at a prison - the plaintiff had been incarcerated on foot of committal orders for non payment of judgment debts - whether the Plaintiff has an entitlement to trial by judge and jury in an action for infringement of constitutional rights - whether the Plaintiff’s claim should be struck out as disclosing no reasonable cause of action, as being frivolous and vexatious and/or bound to fail and an abuse of process - proceedings dismissed.