Dehsabzi & Dehsabzi v John Fairfax Publications Pty Ltd (No 2) [2008] NSWDC 77

Dehsabzi & Dehsabzi v John Fairfax Publications Pty Ltd (No 2) [2008] NSWDC 77

The law of the forum governs procedural matters including the empanelment of the jury. Section 7A of the Defamation Act 1974 (NSW) is procedural and applies to all imputations, including those arising from interstate publications, in actions commenced in NSW concerning conduct predating the Defamation Act 2005 (NSW). The application for all factual issues to be determined by a jury is dismissed; all pleaded and properly repleaded imputations are to go to a s 7A jury.

Jurisdiction
Australia
Judgment Date
15 May 2008
Procedural Posture
Civil / Interlocutory Application; Application on Form and Capacity of Imputations and Jury Determination Procedure
Outcome
Plaintiffs' application to have all issues determined by the jury (other than by a s 7A jury) is dismissed. Leave granted for plaintiffs to withdraw and replead certain imputations. All imputations, including repleaded ones (subject to challenge), to go to the s 7A jury. Costs of the application are defendant's...
Legal Topics
['jury Trial Procedure' 'conflict of Laws' 'pleading of Imputations' 'substantive Vs Procedural Law' 'uniform Defamation Law Transition']
['defamation'] ['jury Trial Procedure' 'conflict of Laws' 'pleading of Imputations' 'substantive Vs Procedural Law' 'uniform Defamation Law Transition']

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Procedural Posture

Civil / Interlocutory Application; Application on Form and Capacity of Imputations and Jury Determination Procedure

Legal Issues

  1. 1 ['Whether s 7A Defamation Act 1974 (NSW) jury procedure is procedural or substantive' 'Proper procedural law for multi-state defamation cases where there is no publication in NSW' 'Capacity and form of pleaded imputations']

Ratio Decidendi

The law of the forum governs procedural matters including the empanelment of the jury. Section 7A of the Defamation Act 1974 (NSW) is procedural and applies to all imputations, including those arising from interstate publications, in actions commenced in NSW concerning conduct predating the Defamation Act 2005 (NSW). The application for all factual issues to be determined by a jury is dismissed; all pleaded and properly repleaded imputations are to go to a s 7A jury.

Court Disposition

Plaintiffs' application to have all issues determined by the jury (other than by a s 7A jury) is dismissed. Leave granted for plaintiffs to withdraw and replead certain imputations. All imputations, including repleaded ones (subject to challenge), to go to the s 7A jury. Costs of the application are defendant's...

Orders

  • ['Grant leave to the plaintiff to withdraw imputations (c), (d) and (e) for each of the first and second plaintiffs, with liberty to replead.' "Dismiss the plaintiff's application for all issues to be determined by the jury instead of a jury empanelled pursuant to s 7A Defamation Act 1974 (NSW)." 'All imputations,...