Boland v Dillon; Cush v Dillon [2007] NSWDC 8

Boland v Dillon; Cush v Dillon [2007] NSWDC 8

Plaintiffs did not advance sufficiently compelling reasons to justify a special fixture for a Section 7A jury trial in Moree, and the potential for prejudice, logistical difficulty, and expense outweigh any convenience for the plaintiffs. Proceedings are to be arranged for Sydney Registry unless further application is made regarding limitation period.

Jurisdiction
Australia
Judgment Date
09 February 2007
Procedural Posture
Civil / Interlocutory Application—notices of Motion for Special Fixture and Change of Venue
Outcome
Notices of motion dismissed; Plaintiffs to pay defendant's costs; Proceedings stood over for further directions; Application on limitation period to be filed in 14 days.
Legal Topics
['section 7 a Jury Trial' 'change of Venue' 'special Fixture' 'limitation Period' 'case Management']
['defamation' 'civil Procedure'] ['section 7 a Jury Trial' 'change of Venue' 'special Fixture' 'limitation Period' 'case Management']

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Procedural Posture

Civil / Interlocutory Application—notices of Motion for Special Fixture and Change of Venue

Legal Issues

  1. 1 ['Should a special fixture be granted for a Section 7A jury trial in Moree?' 'Should the venue be changed due to convenience for parties and witnesses?' 'Should leave be granted to commence proceedings out of time for the first publication?']

Ratio Decidendi

Plaintiffs did not advance sufficiently compelling reasons to justify a special fixture for a Section 7A jury trial in Moree, and the potential for prejudice, logistical difficulty, and expense outweigh any convenience for the plaintiffs. Proceedings are to be arranged for Sydney Registry unless further application is made regarding limitation period.

Court Disposition

Notices of motion dismissed; Plaintiffs to pay defendant's costs; Proceedings stood over for further directions; Application on limitation period to be filed in 14 days.

Orders

  • ['Notices of motion dismissed.' "Plaintiffs pay defendant's costs." 'Any application concerning Section 14B Limitation Act 1969 to be filed in 14 days.' 'Proceedings stood over to 9 March 2007.']