Dehsabzi & Dehsabzi v John Fairfax Publications Pty Ltd (No 3) [2008] NSWDC 273

The application for separate representation is refused because no exceptional circumstances exist to justify departure from the standard practice. The plaintiffs' situations are sufficiently similar, there is little risk of conflict or injustice, and allowing separate representation would increase the complexity, cost, and risk of inconsistent verdicts, contrary to s 56 Civil Procedure Act 2005 (NSW).

Parties: First Plaintiff: Sayar Dehsabzi; Second Plaintiff: Malyar Dehsabzi; Defendant: John Fairfax Publications Pty Ltd
Jurisdiction: Australia
Judgment Date: 01 December 2008
Procedural Posture: Civil / Application at Commencement of S 7 a Jury Trial
Outcome: Application for representation by separate counsel for each plaintiff refused; plaintiffs to pay defendant's costs of the application.
Legal Topics: Separate Representation of Plaintiffs, Jury Trials, Common Representation Rule, Civil Procedure

Practice and Procedure Defamation Separate Representation of Plaintiffs Jury Trials Common Representation Rule Civil Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2

Parties

Sayar Dehsabzi

First Plaintiff

Malyar Dehsabzi

Second Plaintiff

John Fairfax Publications Pty Ltd

Defendant

Procedural Posture

Civil / Application at Commencement of S 7 a Jury Trial

Legal Issues

1 Whether plaintiffs should be permitted to be separately represented by counsel in a defamation jury trial

Ratio Decidendi

Court Disposition

Application for representation by separate counsel for each plaintiff refused; plaintiffs to pay defendant's costs of the application.

Orders

Application for representation by separate counsel for each of the plaintiffs refused.
Plaintiffs pay defendant's costs of the application.