12 Apr 2017
0318029a-e00d-4e50-a86c-2ae9ccccbdef.pdf
- Citation
- openlaw-b016a22a_f2f8_453a_8b27_9e48f742b88c.pdf
- Court
- High Court
The Judge ordered trial before a Judge without a jury because the defendants' qualified privilege defences raise difficult mixed questions of law and fact that would complicate and blur the functions of judge and jury (s19A(5)(a)) and the case involves prolonged and extensive examination of documents and complex factual issues (common bundle >1500 pages; lengthy question trail) that cannot conveniently be dealt with by a jury (s19A(5)(b)), and on balance a judge alone trial is in the interests of justice.