Allen v Lloyd-Jones (No. 3) [2010] NSWDC 53

New South Wales District Court

CITATION: Allen v Lloyd-Jones (No. 3) [2010] NSWDC 53 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 16 April 2010

JUDGMENT DATE: 16 April 2010

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

DECISION: (1) The Notice of Intention to Elect Trial by Jury in Defamation Proceedings (Form 23 UCPR 29.2) is struck out. These proceedings, which are currently provisionally listed for hearing on 19 July 2010, to be heard by a judge alone. (2) Costs reserved.

CATCHWORDS: TORT – defamation – defendant seeks a jury trial but fails to comply with provisions to requisition jury - plaintiff complains of defendant's unreadiness for trial and seeks to join an additional defendant – both parties ask for hearing date to be vacated – hearing vacated and defendant's application for jury trial struck out

Civil Procedure Act 2005 (NSW), ss 56-62, 58(2) and 65 LEGISLATION CITED: Commonwealth of Australia Constitution Act 1900 (Cth) Uniform Civil Procedure Rules 2005 (NSW), Part 6 rr 6.24, 6.26(1) and 6.26(2)(a), and Part 29 r 29.2

Allen v Lloyd-Jones (No. 2) [2010] NSWDC 41 Bechara v Bonacorso (No. 3) [2010] NSWDC 52 Defamation Act 2005 (NSW), s 21 French v Herald & Weekly Times Pty Ltd [2010] VSC 127 CASES CITED: Goldberg v Randel [2008] NSWDC 45 Lange v Australian Broadcasting Corporation (1997) 189 CLR 520; (1997) 145 ALR 96; (1997) 71 ALJR 818; [1997] 10 Leg Rep 2; (1997) Aust Torts Reports 81-434; [1997] HCA 25 Peters v Coastace [2006] NSWSC 289 Rodgers v Nine Network Australia Pty Ltd (No 2) [2008] NSWDC 275 Webb v Bloch (1928) 41 CLR 331