Keramianakis v Wagstaff & Anor [2008] NSWDC 35

Keramianakis v Wagstaff & Anor [2008] NSWDC 35

Because the Court of Appeal's decision in Keramianakis v Regional Publishers Pty Ltd [2007] NSWCA 375 created serious uncertainty for District Court defamation jury trials and an application for leave to appeal to the High Court had been lodged, the appropriate case management course was to place the proceedings in the Not Ready List with a review date of 20 June 2008 and grant liberty to apply.

Jurisdiction
Australia
Judgment Date
07 March 2008
Procedural Posture
Civil Defamation Proceedings / Case Management; Proceedings Placed in the Not Ready List Pending Resolution of Issues Arising From the Court of Appeal Decision and an Application for Leave to Appeal to the High Court
Outcome
Proceedings placed in the Not Ready List with liberty to apply.
Legal Topics
['trial by Jury' 'appeals From District Court Jury Verdicts' 'section 7 a Jury Findings' 'case Management' 'not Ready List']
['tort' 'defamation' 'civil Procedure'] ['trial by Jury' 'appeals From District Court Jury Verdicts' 'section 7 a Jury Findings' 'case Management' 'not Ready List']

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Procedural Posture

Civil Defamation Proceedings / Case Management; Proceedings Placed in the Not Ready List Pending Resolution of Issues Arising From the Court of Appeal Decision and an Application for Leave to Appeal to the High Court

Legal Issues

  1. 1 ["Whether the proceedings should be placed in the Not Ready List because of the Court of Appeal's holding that there is no power to hear an appeal from a District Court judgment or order entered on the basis of a jury verdict." 'What case management consequences follow for District Court defamation jury trials from Keramianakis v Regional Publishers Pty Ltd [2007] NSWCA 375.' 'Whether parties seeking jury trials in defamation proceedings should take into account the limited avenue for challenging a District Court jury verdict under s 126 of the District Court Act 1973 (NSW).']

Ratio Decidendi

Because the Court of Appeal's decision in Keramianakis v Regional Publishers Pty Ltd [2007] NSWCA 375 created serious uncertainty for District Court defamation jury trials and an application for leave to appeal to the High Court had been lodged, the appropriate case management course was to place the proceedings in the Not Ready List with a review date of 20 June 2008 and grant liberty to apply.

Court Disposition

Proceedings placed in the Not Ready List with liberty to apply.

Orders

  • ['Grant leave to the parties to apply at any time for any orders as are necessary.' 'Matter to be placed in the Not Ready List with a review date of 20 June 2008.' 'A copy of the reasons given by Gibson DCJ will be ordered and placed in the file for the Judicial Registrar who case manages this matter.']