Jones v Jackson [2023] NSWDC 76

District Court New South Wales

Medium Neutral Citation: Jones v Jackson [2023] NSWDC 76 Hearing dates: 30 March 2023 Date of orders: 30 March 2023 Decision date: 30 March 2023 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) On the application of both parties, following the issue being raised by Gibson DCJ pursuant to ss 10A(4) and 10A(5) of the Defamation Act 2005 (NSW), the separate hearing of serious harm is adjourned part-heard, by reason of the fresh evidence of the plaintiff and information provided to the parties' counsel. (2) Stand the matter over to Thursday 25 May 2023, for directions only, with costs reserved. Catchwords: TORT – defamation – parties consent to a separate hearing of serious harm – evidence at the commencement of the hearing about imminent publication of similar imputations by a third party broadcaster – whether the issue of serious harm is "not ripe" for a final decision – serious harm hearing adjourned Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Defamation Act 2005 (NSW), s 10A(4), s 10A(5) Defamation Act 2013 (UK) c 26, s 1 Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: Ames v Spamhouse Project Ltd [2015] 1 WLR 3409 GRC Project Pty Ltd trading as GRC Property Management v Lai [2023] NSWDC 63 High Quality Jewellers Pty Ltd (ACN 119 428 394) & Ors v Ramaihi (Ruling) [2022] VCC 1924 Murdoch v Private Media Pty Ltd (No 4) [2023] FCA 114 Wilks v Qu (Ruling 2) [2022] VCC 1503 Texts Cited: Practice Note DC (Civil) No. 1 Category: Procedural rulings Parties: Stuart Jones (plaintiff) Letitia Jackson (defendant) Representation: Counsel: Mr A Munro (plaintiff) Ms M Harris (defendant)