Bristow v Adams [2010] NSWDC 64

Bristow v Adams [2010] NSWDC 64

The defendant's application was dismissed because the defendant had not complied with the required jury election and requisition procedure: the Notice of Intention had not been served, no jury announcement had been made in court, no requisition for jury had been filed, and the jury fee had not been paid. The matter had also been set down, without opposition, as a 5-day non-jury hearing, and converting it to a jury trial would require vacating the hearing date.

Jurisdiction
Australia
Judgment Date
28 April 2010
Procedural Posture
Civil Defamation Proceedings / Defendant's Application for Hearing Fixed for 7 June 2010 to Proceed by Way of Jury
Outcome
Application dismissed with costs.
Legal Topics
['jury Trial in Defamation Proceedings' 'jury Requisition Procedure' 'non Compliance With Procedural Requirements' 'costs']
['tort' 'defamation' 'civil Procedure'] ['jury Trial in Defamation Proceedings' 'jury Requisition Procedure' 'non Compliance With Procedural Requirements' 'costs']

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Procedural Posture

Civil Defamation Proceedings / Defendant's Application for Hearing Fixed for 7 June 2010 to Proceed by Way of Jury

Legal Issues

  1. 1 ["Whether the defendant's application for the trial to proceed by way of jury should be granted where the matter had been set down as a non-jury hearing." 'Whether the defendant complied with the procedural requirements for a jury trial in defamation proceedings, including service, court announcement, requisition for jury and payment of the jury fee.' 'Whether costs should be ordered because of the lateness of the application and lack of notice.']

Ratio Decidendi

The defendant's application was dismissed because the defendant had not complied with the required jury election and requisition procedure: the Notice of Intention had not been served, no jury announcement had been made in court, no requisition for jury had been filed, and the jury fee had not been paid. The matter had also been set down, without opposition, as a 5-day non-jury hearing, and converting it to a jury trial would require vacating the hearing date.

Court Disposition

Application dismissed with costs.

Orders

  • ['Application by the defendant for the hearing fixed for 7 June 2010 (5 day estimate) to proceed by way of jury is dismissed with costs.' 'Judge Gibson to email judgment to parties.']