Hunt v Radio 2SM Pty Ltd (No. 4) [2010] NSWDC 67

Hunt v Radio 2SM Pty Ltd (No. 4) [2010] NSWDC 67

The jury was discharged because extensive references to extrinsic facts, truth and falsity, and Mr Lobsey's identity in counsel's address created prejudice that could not be cured by any further direction, especially at such a late stage, making it impossible for the jury to properly apply the ordinary reasonable listener test.

Parties
Plaintiff: Robert Christopher Hunt; Defendant: Radio 2SM Pty Ltd
Jurisdiction
Australia
Judgment Date
12 April 2010
Procedural Posture
Civil / Application to Discharge the Jury During Closing Addresses at Trial
Outcome
Application to discharge jury granted; jury discharged; parties ordered to mediate; costs awarded to plaintiff.
Legal Topics
Defamation, Civil Procedure, Jury Discharge, Offer of Amends
Tort Defamation Civil Procedure Jury Discharge Offer of Amends

Case Brief

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Parties

Robert Christopher Hunt

Plaintiff

Radio 2SM Pty Ltd

Defendant

Procedural Posture

Civil / Application to Discharge the Jury During Closing Addresses at Trial

Legal Issues

  1. 1 Whether references to extrinsic facts and truth/falsity in counsel's address prejudiced the jury such that discharge was required
  2. 2 Whether the ordinary reasonable listener standard was properly explained to the jury
  3. 3 Whether issues concerning Mr Lobsey's identity as a troublemaker affected the jury's deliberations

Ratio Decidendi

The jury was discharged because extensive references to extrinsic facts, truth and falsity, and Mr Lobsey's identity in counsel's address created prejudice that could not be cured by any further direction, especially at such a late stage, making it impossible for the jury to properly apply the ordinary reasonable listener test.

Court Disposition

Application to discharge jury granted; jury discharged; parties ordered to mediate; costs awarded to plaintiff.

Orders

  • Jury discharged.
  • Exhibits remain with the file until further order.