Robert (Robbie) Waterhouse v The Age Company Ltd & Ors; Robert (Robbie) Waterhouse v Fairfax Media Publications Pty Ltd & Anor; Robert (Robbie) Waterhouse v Fairfax Digital Australia & New Zealand Pty Ltd [2012] NSWSC 1349

Robert (Robbie) Waterhouse v The Age Company Ltd & Ors; Robert (Robbie) Waterhouse v Fairfax Media Publications Pty Ltd & Anor; Robert (Robbie) Waterhouse v Fairfax Digital Australia & New Zealand Pty Ltd [2012] NSWSC 1349

The application was granted because the plaintiff was a prominent and contentious figure in the racing industry, the publications concerned controversial matters including the murder of George Brown and the Fine Cotton scandal, and the issues for the jury included allegations of serious criminality and dishonesty. Those linked factors were capable of exciting prejudice or antagonism against the plaintiff, making the case more fitting for trial by a jury of 12 than by a jury of four to better ensure a fair and representative trial.

Jurisdiction
Australia
Judgment Date
08 November 2012
Procedural Posture
Defamation Proceedings With Claims for Damages and Other Relief, Including Alleged Breaches of Trade Practices and Fair Trading Legislation / Interlocutory Application Under S 20 Jury Act 1977 for an Order That the Trial Take Place Before a Jury of 12 Persons
Outcome
Application granted.
Legal Topics
['application for Jury of 12 Persons' 'contextual Truth Defence' 'defamatory Imputations Alleging Serious Criminality and Dishonesty' 'fair Trial and Representativeness of Jury']
['defamation' 'civil Procedure' 'jury Trial'] ['application for Jury of 12 Persons' 'contextual Truth Defence' 'defamatory Imputations Alleging Serious Criminality and Dishonesty' 'fair Trial and Representativeness of Jury']

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Procedural Posture

Defamation Proceedings With Claims for Damages and Other Relief, Including Alleged Breaches of Trade Practices and Fair Trading Legislation / Interlocutory Application Under S 20 Jury Act 1977 for an Order That the Trial Take Place Before a Jury of 12 Persons

Legal Issues

  1. 1 ['Whether the Court should exercise its discretion under s 20 Jury Act 1977 to order that the defamation proceedings be tried by a jury of 12 persons rather than the usual civil jury of four persons.' "Whether the nature of the publications, the plaintiff's public prominence, and the allegations of serious criminality and dishonesty made this case more fitting for trial by a jury of 12."]

Ratio Decidendi

The application was granted because the plaintiff was a prominent and contentious figure in the racing industry, the publications concerned controversial matters including the murder of George Brown and the Fine Cotton scandal, and the issues for the jury included allegations of serious criminality and dishonesty. Those linked factors were capable of exciting prejudice or antagonism against the plaintiff, making the case more fitting for trial by a jury of 12 than by a jury of four to better ensure a fair and representative trial.

Court Disposition

Application granted.

Orders

  • ['The trial of these proceedings take place before a jury of 12 persons.' "The defendants pay the plaintiff's costs of this application."]