Boikov v Dailymail.com Australia Pty Ltd; Boikov v Network Ten Pty Ltd; Boikov v Nationwide News Pty Ltd [2016] NSWDC 161

Boikov v Dailymail.com Australia Pty Ltd; Boikov v Network Ten Pty Ltd; Boikov v Nationwide News Pty Ltd [2016] NSWDC 161

The threshold for r 28.5 was met because the proceedings had a high degree of similarity in subject matter, issues, evidence and witnesses, especially on justification, and the plaintiff's identified forensic prejudice could be managed by case management and jury directions. The just, quick and cheap considerations and efficient use of court resources strongly favoured one joint jury trial and any single damages assessment rather than three separate jury trials and three separate damages hearings.

Jurisdiction
Australia
Judgment Date
05 August 2016
Procedural Posture
Defamation Jury Actions / Defendants' Application Under R 28.5 Uniform Civil Procedure Rules 2005 (nsw) for Three Proceedings Not Yet Listed for Trial to Be Tried at the Same Time
Outcome
Defendants' application granted; three proceedings ordered to be tried at the same time; costs reserved.
Legal Topics
['concurrent Trial of Proceedings' 'case Management' 'jury Trial' 'forensic Disadvantage' 'just, Quick and Cheap Resolution']
['practice and Procedure' 'defamation'] ['concurrent Trial of Proceedings' 'case Management' 'jury Trial' 'forensic Disadvantage' 'just, Quick and Cheap Resolution']

Case Brief

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Procedural Posture

Defamation Jury Actions / Defendants' Application Under R 28.5 Uniform Civil Procedure Rules 2005 (nsw) for Three Proceedings Not Yet Listed for Trial to Be Tried at the Same Time

Legal Issues

  1. 1 ['Whether the three defamation jury proceedings should be tried at the same time under r 28.5 Uniform Civil Procedure Rules 2005 (NSW).' 'Whether similarities in issues, evidence and witnesses outweighed differences in publications and pleaded defences.' 'Whether a joint trial would cause unfairness or forensic disadvantage to the plaintiff.' 'Whether the Civil Procedure Act 2005 (NSW), ss 56 – 62 considerations favoured a joint trial.']

Ratio Decidendi

The threshold for r 28.5 was met because the proceedings had a high degree of similarity in subject matter, issues, evidence and witnesses, especially on justification, and the plaintiff's identified forensic prejudice could be managed by case management and jury directions. The just, quick and cheap considerations and efficient use of court resources strongly favoured one joint jury trial and any single damages assessment rather than three separate jury trials and three separate damages hearings.

Court Disposition

Defendants' application granted; three proceedings ordered to be tried at the same time; costs reserved.

Orders

  • ['Pursuant to r 28.5 Uniform Civil Procedure Rules 2005 (NSW), each of the following proceedings be tried at the same time: Boikov v Dailymail.com Australia Pty Ltd (2015/219371); Boikov v Network Ten Pty Ltd (2015/220364); and Boikov v Nationwide News Pty Ltd (2015/220729).' 'The evidence in each of these...