John Zunter v John Fairfax Publications Pty Limited [2005] NSWSC 119

John Zunter v John Fairfax Publications Pty Limited [2005] NSWSC 119

Issues of fact on the cross-claim for contribution in defamation proceedings are not covered by s 7A(4) Defamation Act 1974 and should be tried by jury pursuant to s 86 Supreme Court Act 1970, as the cross-claim constitutes a common law claim in respect of defamation.

Jurisdiction
Australia
Judgment Date
02 March 2005
Procedural Posture
Defamation / Determination of Mode of Trial for Cross Claim for Contribution
Outcome
Issues of fact on the cross-claim for contribution will be tried by jury.
Legal Topics
['trial by Jury' 'contribution Under Tort' 'functions of Judge and Jury']
['defamation' 'civil Procedure'] ['trial by Jury' 'contribution Under Tort' 'functions of Judge and Jury']

Case Brief

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Procedural Posture

Defamation / Determination of Mode of Trial for Cross Claim for Contribution

Legal Issues

  1. 1 ['Whether a cross-claim for contribution under s 5(1)(c) Law Reform (Miscellaneous Provisions) Act 1946 should be tried by jury' 'Whether s 7A Defamation Act 1974 applies to trial of cross-claim' 'Whether cross-claim for contribution is a common law claim within s 19(1) Supreme Court Act 1970' 'Whether cross-claim for contribution is a proceeding to which s 86 Supreme Court Act 1970 applies']

Ratio Decidendi

Issues of fact on the cross-claim for contribution in defamation proceedings are not covered by s 7A(4) Defamation Act 1974 and should be tried by jury pursuant to s 86 Supreme Court Act 1970, as the cross-claim constitutes a common law claim in respect of defamation.

Court Disposition

Issues of fact on the cross-claim for contribution will be tried by jury.

Orders

  • ['Cross-claim to be tried pursuant to s 86 Supreme Court Act 1970' 'Fairfax to pay the costs of the State for determination of this question, subject to further submissions if parties do not agree']