Goldberg v Randel [2008] NSWDC 45

Goldberg v Randel [2008] NSWDC 45

The defendant's application to file a jury requisition out of time is refused because there is no explanation for the delay and significant prejudice has occurred to the plaintiff by preparing for a judge-alone trial. The relevant rules and legislation set a strict timetable which has not been complied with, and the absence of a reasonable explanation does not enliven the judicial discretion to extend time.

Parties
Plaintiff: Raymond Goldberg; Defendant: John Randel
Jurisdiction
Australia
Judgment Date
28 March 2008
Procedural Posture
Civil / Interlocutory Application for Extension of Time to File Jury Requisition
Outcome
Defendant's application for extension of time to file jury requisition is dismissed. Costs awarded to plaintiff.
Legal Topics
Extension of Time, Jury Requisition, Defamation Trial Procedure
Tort Defamation Civil Procedure Extension of Time Jury Requisition Defamation Trial Procedure

Case Brief

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Parties

Raymond Goldberg

Plaintiff

John Randel

Defendant

Procedural Posture

Civil / Interlocutory Application for Extension of Time to File Jury Requisition

Legal Issues

  1. 1 Whether the defendant should be granted leave to file a jury requisition out of time in a defamation proceeding

Ratio Decidendi

The defendant's application to file a jury requisition out of time is refused because there is no explanation for the delay and significant prejudice has occurred to the plaintiff by preparing for a judge-alone trial. The relevant rules and legislation set a strict timetable which has not been complied with, and the absence of a reasonable explanation does not enliven the judicial discretion to extend time.

Court Disposition

Defendant's application for extension of time to file jury requisition is dismissed. Costs awarded to plaintiff.

Orders

  • Defendant's application for extension of time in which to file a jury requisition is dismissed.
  • Defendant pay plaintiff's costs of this application.