Roberts v Manning (No 2) [2020] NSWDC 525

Roberts v Manning (No 2) [2020] NSWDC 525

The similarity of parties, representation, issues, witnesses, and remedies as well as case management considerations, including statutory factors regarding mitigation of damages and judicial economy, warrant the proceedings being listed together for hearing before the same trial judge, with the sequence to be...

Source-derived case information.

Parties
Plaintiff: Lennard Bruce Roberts; First Defendant: The Manning Community News Pty Ltd (ACN:605502378); Second Defendant: Grace Dianne Morrissey
Jurisdiction
Australia
Judgment Date
07 September 2020
Procedural Posture
Civil Defamation / Procedural Ruling Before Trial
Outcome
Defendant's application granted; both proceedings listed together before the same trial judge, sequence of hearing left to trial judge's discretion.
Legal Topics
Joinder or Consolidation of Proceedings, Case Management, Damages Mitigation, Partial Justification and Contextual Truth Defenses
Tort Defamation Civil Procedure Joinder or Consolidation of Proceedings Case Management Damages Mitigation Partial Justification and Contextual Truth Defenses

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Parties

Lennard Bruce Roberts

Plaintiff

The Manning Community News Pty Ltd (ACN:605502378)

First Defendant

Grace Dianne Morrissey

Second Defendant

Procedural Posture

Civil Defamation / Procedural Ruling Before Trial

Legal Issues

  1. 1 Whether two separate defamation proceedings should be listed together for hearing before the same trial judge
  2. 2 Whether procedural fairness and case management considerations favour joint hearing
  3. 3 Impact of different stages of readiness and subject matter of proceedings on listing together

Ratio Decidendi

The similarity of parties, representation, issues, witnesses, and remedies as well as case management considerations, including statutory factors regarding mitigation of damages and judicial economy, warrant the proceedings being listed together for hearing before the same trial judge, with the sequence to be determined by that judge.

Court Disposition

Defendant's application granted; both proceedings listed together before the same trial judge, sequence of hearing left to trial judge's discretion.

Orders

  • Grant the defendant's application for these proceedings to be listed together for hearing before the same trial judge, with the proviso that the sequence of the hearing is to be a matter for the trial judge.