Gary Howes v ACP Magazines Limited & Ors [2013] NSWSC 88

Gary Howes v ACP Magazines Limited & Ors [2013] NSWSC 88

The application for a 12-person jury is refused as the material facts and issues to be tried do not relate to the third defendant's public or political activities, and there is no justification on these facts to depart from the standard four-person jury. The mere public profile of the third defendant, absent more, does not establish a risk warranting an expanded jury.

Jurisdiction
Australia
Judgment Date
20 February 2013
Procedural Posture
Interlocutory Application / Application for Jury of 12 Persons
Outcome
notice of motion dismissed
Legal Topics
['trial by Jury' 'number of Jurors' 'defamation—imputations' 'aggravated Damages']
['defamation' 'civil Procedure'] ['trial by Jury' 'number of Jurors' 'defamation—imputations' 'aggravated Damages']

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Procedural Posture

Interlocutory Application / Application for Jury of 12 Persons

Legal Issues

  1. 1 ['Whether the proceedings should be heard by a jury of 12 persons rather than the usual 4 under Jury Act 1977 s 20(2)' 'Whether the prominence of the third defendant warrants an expanded jury']

Ratio Decidendi

The application for a 12-person jury is refused as the material facts and issues to be tried do not relate to the third defendant's public or political activities, and there is no justification on these facts to depart from the standard four-person jury. The mere public profile of the third defendant, absent more, does not establish a risk warranting an expanded jury.

Court Disposition

notice of motion dismissed

Orders

  • ['The notice of motion filed 29 January 2013 be dismissed' "The defendants pay the plaintiff's costs"]