Westfield & Anor v Page [2001] NSWSC 439

Westfield & Anor v Page [2001] NSWSC 439

Because there was a significant risk that hearing the plaintiffs' claim and the defendant's cross-claim together would divert the jury from the limited section 7A issues relevant to each, the appropriate course was to separate the section 7A trials while arranging them consecutively if possible.

Jurisdiction
Australia
Judgment Date
18 May 2001
Procedural Posture
Defamation Proceedings / Notice of Motion Concerning Whether Claim and Cross Claim Should Be Heard Before One Jury in a Trial Pursuant to Section 7 a of the Defamation Act 1974 (nsw)
Outcome
Plaintiffs' motion granted; section 7A trial of the claim and cross-claim to be separated; defendant ordered to pay plaintiffs' costs.
Legal Topics
['section 7 a Defamation Trial' 'separate Trials' 'claim and Cross Claim' 'jury Trial' 'imputations']
['defamation' 'civil Procedure'] ['section 7 a Defamation Trial' 'separate Trials' 'claim and Cross Claim' 'jury Trial' 'imputations']

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Procedural Posture

Defamation Proceedings / Notice of Motion Concerning Whether Claim and Cross Claim Should Be Heard Before One Jury in a Trial Pursuant to Section 7 a of the Defamation Act 1974 (nsw)

Legal Issues

  1. 1 ["Whether the plaintiffs' claim and the defendant's cross-claim should be heard before one jury in a trial pursuant to section 7A of the Defamation Act 1974 (NSW)." 'Whether hearing the claim and cross-claim together created a risk that the jury would be diverted from the limited issues relevant to each section 7A trial.']

Ratio Decidendi

Because there was a significant risk that hearing the plaintiffs' claim and the defendant's cross-claim together would divert the jury from the limited section 7A issues relevant to each, the appropriate course was to separate the section 7A trials while arranging them consecutively if possible.

Court Disposition

Plaintiffs' motion granted; section 7A trial of the claim and cross-claim to be separated; defendant ordered to pay plaintiffs' costs.

Orders

  • ['Order 2 in the notice of motion made.' 'The trial of the claim is to be heard before a judge and jury, to be followed as soon as convenient by the trial of the cross-claim, if possible.' 'If possible, the same Judge is to hear the trial of the claim and the trial of the cross-claim.' "The defendant is to pay the...