10 May 2012
KARAM V FAIRFAX NEW ZEALAND LIMITED HC AK CIV-2010-404-005021
- Citation
- openlaw-2745010f_4469_4dc3_b5dc_ac23bf05d824.pdf
- Court
- High Court
The application for separate question determination was dismissed because Fairfax did not discharge the onus to show good preponderant reasons for splitting the trial: publication questions are not purely legal given underlying factual issues and the plaintiff's valid jury election, there is significant legal uncertainty on hyperlinks and publication, and the risk of duplication, appeals and injustice outweighed the potential benefits of a preliminary determination that might only expedite the case if Fairfax achieved complete success.