Bass v McDonald & TCN Channel Nine Pty Ltd (No.1) [2001] NSWSC 954

Bass v McDonald & TCN Channel Nine Pty Ltd (No.1) [2001] NSWSC 954

Given the length and detail of the plaintiff's opening examples, there arose a serious risk of arousing or heightening speculation by the jury as to the truth of representations in dispute, resulting in potential prejudice that could not be effectively remedied by judicial direction; thus, the jury should be discharged and the trial recommenced.

Parties
Plaintiff: Robin Bass; First Defendant: Thomas McDonald; Second Defendant: TCN Channel Nine Pty Ltd
Jurisdiction
Australia
Judgment Date
15 October 2001
Procedural Posture
Jury Trial / Application to Discharge Jury During Counsel's Opening
Outcome
Jury discharged; trial to be recommenced.
Legal Topics
Jury Trial, Discharge of Jury, Counsel's Opening Address
Civil Procedure Jury Trial Discharge of Jury Counsel's Opening Address

Case Brief

Summary, issues, holding and outcome

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Parties

Robin Bass

Plaintiff

Thomas McDonald

First Defendant

TCN Channel Nine Pty Ltd

Second Defendant

Procedural Posture

Jury Trial / Application to Discharge Jury During Counsel's Opening

Legal Issues

  1. 1 Whether the jury should be discharged due to potential prejudice from counsel's opening address.

Ratio Decidendi

Given the length and detail of the plaintiff's opening examples, there arose a serious risk of arousing or heightening speculation by the jury as to the truth of representations in dispute, resulting in potential prejudice that could not be effectively remedied by judicial direction; thus, the jury should be discharged and the trial recommenced.

Court Disposition

Jury discharged; trial to be recommenced.

Orders

  • Order discharging the jury.
  • Costs of the discontinued trial reserved.