Sporting Shooters Association of Australia v Judge [2015] NSWDC 201

Sporting Shooters Association of Australia v Judge [2015] NSWDC 201

Given sufficient time before trial, the complexity and length of the evidence, and for efficient case management, evidence in chief will proceed via witness statements, consistent with procedural efficiency principles and recent practice in non-jury defamation trials.

Jurisdiction
Australia
Judgment Date
03 September 2015
Procedural Posture
Civil / Pre Trial / Interlocutory Application
Outcome
Plaintiffs' application for witness statements granted; timetable and case management orders made.
Legal Topics
['defamation' 'witness Statements' 'case Management' 'order Correction' 'mediation']
['tort' 'procedure'] ['defamation' 'witness Statements' 'case Management' 'order Correction' 'mediation']

Case Brief

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Procedural Posture

Civil / Pre Trial / Interlocutory Application

Legal Issues

  1. 1 ['Should evidence in chief at trial be given orally or by witness statements in a complex defamation case?' 'Is the application for witness statements brought too late or disproportionate to the subject matter and damages?' 'Should timetable and mediation orders be made?']

Ratio Decidendi

Given sufficient time before trial, the complexity and length of the evidence, and for efficient case management, evidence in chief will proceed via witness statements, consistent with procedural efficiency principles and recent practice in non-jury defamation trials.

Court Disposition

Plaintiffs' application for witness statements granted; timetable and case management orders made.

Orders

  • ["Order correcting first plaintiff's name on JusticeLink." "Order correcting second plaintiff's name on JusticeLink." "Order correcting third plaintiff's name on JusticeLink." "Order correcting defendant's name on JusticeLink." 'Plaintiffs to serve witness statements by 25 September 2015.' 'Parties directed to...