Ra v Nationwide News Pty Ltd [2009] FCA 1308

Ra v Nationwide News Pty Ltd [2009] FCA 1308

Where the substance of the Federal Court proceeding is a defamation claim for injury to reputation, and competing allegations largely require assessment of moral, ethical, and community values and the representations alleged under s 53B are identical or similar to the defamatory imputations, the ends of justice render it expedient to direct a trial by jury of all issues other than damages and questions reserved for the judge. A jury of 12, rather than 4, is appropriate where the applicant is a contentious or prominent person and the allegations are of serious wrong (such as brothel-keeping and exploitation of women), to capture a broader representative view and dilute possible prejudice.

Parties
Applicant: Kwang Suk Ra; First Respondent: Nationwide News Pty Limited; Second Respondent: News Digital Media Pty Limited
Jurisdiction
Australia
Judgment Date
13 November 2009
Procedural Posture
Defamation, Trade Practices / Interlocutory: Application for Jury Trial and Determination of Jury Size
Outcome
Application for jury trial granted in part; jury of 12 ordered for all issues except damages, which will be decided by the judge.
Legal Topics
Jury Trial in Defamation, Interaction of Federal and State Law, Size of Civil Juries, Assessment of Damages in Defamation, Lex Loci Delicti, Exercise of Judicial Discretion in Procedural Orders
Defamation Trade Practices Procedure Jury Jury Trial in Defamation Interaction of Federal and State Law Size of Civil Juries Assessment of Damages in Defamation +2 more

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Parties

Kwang Suk Ra

Applicant

Nationwide News Pty Limited

First Respondent

News Digital Media Pty Limited

Second Respondent

Procedural Posture

Defamation, Trade Practices / Interlocutory: Application for Jury Trial and Determination of Jury Size

Legal Issues

  1. 1 Whether trial of issues (other than damages) should be by jury under s 40 Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether trial by jury should extend to Trade Practices Act claims
  3. 3 What role ss 21 and 22 of Defamation Act 2005 (NSW) play in exercise of discretion under Federal Court of Australia Act

Ratio Decidendi

Where the substance of the Federal Court proceeding is a defamation claim for injury to reputation, and competing allegations largely require assessment of moral, ethical, and community values and the representations alleged under s 53B are identical or similar to the defamatory imputations, the ends of justice render it expedient to direct a trial by jury of all issues other than damages and questions reserved for the judge. A jury of 12, rather than 4, is appropriate where the applicant is a contentious or prominent person and the allegations are of serious wrong (such as brothel-keeping and exploitation of women), to capture a broader representative view and dilute possible prejudice.

Court Disposition

Application for jury trial granted in part; jury of 12 ordered for all issues except damages, which will be decided by the judge.

Orders

  • The parties bring in short minutes of order to give effect to these reasons and to prepare the matter for trial.
  • The proceedings stand over to 19 November 2009 at 9.30am for directions.