Goldsworthy v Seven Network Limited [2013] NSWSC 344

Goldsworthy v Seven Network Limited [2013] NSWSC 344

The plaintiff failed to persuade the court that there would be a prolonged examination of documents or that the technical and scientific issues could not be conveniently resolved by a jury; therefore, the jury should not be dispensed with under s 21(3) of the Defamation Act 2005, and the defendant's right to jury trial stands.

Parties
Plaintiff: Brett Goldsworthy; Defendant: Seven Network Ltd
Jurisdiction
Australia
Judgment Date
25 March 2013
Procedural Posture
Application in Defamation Proceedings / Interlocutory; Application to Dispense With Jury
Outcome
Application that the jury be dispensed with is refused.
Legal Topics
Application to Dispense With Jury, Overriding Purpose of Civil Procedure Act, Technical and Scientific Issues in Evidence
Defamation Civil Procedure Application to Dispense With Jury Overriding Purpose of Civil Procedure Act Technical and Scientific Issues in Evidence

Case Brief

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Parties

Brett Goldsworthy

Plaintiff

Seven Network Ltd

Defendant

Procedural Posture

Application in Defamation Proceedings / Interlocutory; Application to Dispense With Jury

Legal Issues

  1. 1 Whether the proceedings should be tried without a jury under s 21(3) of the Defamation Act 2005
  2. 2 Whether there would be a prolonged examination of documents
  3. 3 Whether technical or scientific issues could not be conveniently resolved by a jury

Ratio Decidendi

The plaintiff failed to persuade the court that there would be a prolonged examination of documents or that the technical and scientific issues could not be conveniently resolved by a jury; therefore, the jury should not be dispensed with under s 21(3) of the Defamation Act 2005, and the defendant's right to jury trial stands.

Court Disposition

Application that the jury be dispensed with is refused.

Orders

  • Application that the jury be dispensed with is refused.
  • Costs of the application are costs in the cause.