Chel v Fairfax Media Publications Pty Ltd [2015] NSWCA 355

Chel v Fairfax Media Publications Pty Ltd [2015] NSWCA 355

Given that the plaintiff has an arguable case on legal errors by the primary judge, and in consideration of the value of the right to trial by jury in defamation proceedings, an expedited concurrent hearing of the leave and appeal and the grant of interim relief (stay) pending their determination is warranted to avoid potential wastage and ensure fairness.

Parties
Appellant: Lili Chel; First Respondent: Fairfax Media Publications Pty Ltd; Second Respondent: Vanda Carson
Jurisdiction
Australia
Judgment Date
17 November 2015
Procedural Posture
Appeal (interlocutory) / Application for Interim Relief Pending Hearing of Summons for Leave to Appeal
Outcome
Interim stay granted; expedited hearing ordered; costs of interim relief to plaintiff.
Legal Topics
Interim Relief, Right to Jury Trial, Leave to Appeal
Civil Procedure Defamation Interim Relief Right to Jury Trial Leave to Appeal

Case Brief

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Parties

Lili Chel

Appellant

Fairfax Media Publications Pty Ltd

First Respondent

Vanda Carson

Second Respondent

Procedural Posture

Appeal (interlocutory) / Application for Interim Relief Pending Hearing of Summons for Leave to Appeal

Legal Issues

  1. 1 Whether the defendants can unilaterally withdraw an earlier election for a jury trial in defamation proceedings
  2. 2 Whether a party is estopped from revoking an election for trial by jury
  3. 3 Whether the court can extend time for the plaintiff to elect for a jury trial under UCPR r 29.2A(2)(a)

Ratio Decidendi

Given that the plaintiff has an arguable case on legal errors by the primary judge, and in consideration of the value of the right to trial by jury in defamation proceedings, an expedited concurrent hearing of the leave and appeal and the grant of interim relief (stay) pending their determination is warranted to avoid potential wastage and ensure fairness.

Court Disposition

Interim stay granted; expedited hearing ordered; costs of interim relief to plaintiff.

Orders

  • The plaintiff's application for leave to appeal and the appeal that would follow if leave were granted be heard on a concurrent basis on Friday 20 November 2015, with an estimate of half a day.
  • Adamson J's decision to hear Common Law Division proceedings 2011/409423 without a jury be stayed until the determination of the plaintiff's application for leave to appeal or, if granted, the plaintiff's appeal.