Dehsabzi & Dehsabzi v John Fairfax Publications Pty Ltd (No 4) [2008] NSWDC 274

New South Wales District Court

CITATION: Dehsabzi & Dehsabzi v John Fairfax Publications Pty Ltd (No 4) [2008] NSWDC 274

HEARING DATE(S): 1 and 2 December 2008 EX TEMPORE JUDGMENT DATE : 2 December 2008

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

DECISION: (1) Skaf directions previously read to the jury are provided to them in written form pursuant to s 55B Jury Act 1977 (NSW).

CATCHWORDS: PRACTICE AND PROCEDURE - Skaf directions provided in writing to jury in defamation jury trial

Defamation Act 1974 (NSW), s 7A LEGISLATION CITED: Defamation Act 2005 (NSW) Jury Act 1977 (NSW), s 55B

Griffith v Australian Broadcasting Corporation [2002] NSWSC 86 Griffith v Australian Broadcasting Corporation [2003] NSWSC 298 CASES CITED: Griffith v Australian Broadcasting Corporation (No 1) [2007] NSWSC 711 Griffith v Australian Broadcasting Corporation [2008] NSWSC 764 R v Mirza; R v Connor [2004] 1 All ER 925 R v Skaf (2004) 60 NSWLR 86; [2004] NSWCCA 37

TEXTS CITED: Australian Defamation Law and Practice J. Horan, "Communicating with jurors in the twenty-first century" (2007) 29 ABR 75

First Plaintiff: Sayar Dehsabzi PARTIES: Second Plaintiff: Malyar Dehsabzi Defendant: John Fairfax Publications Pty Ltd

FILE NUMBER(S): 150 of 2008

COUNSEL: Plaintiffs: Mr C A Evatt / Mr R Rasmussen Defendant: Mr K P Smark SC

SOLICITORS: Plaintiffs: Bullivant Legal Defendant: Freehills

JUDGMENT

1. This is a s 7A trial in which I have raised with the parties whether or not it is appropriate to give directions to a civil jury of the kind set out in R v Skaf (2004) 60 NSWLR 86; [2004] NSWCCA 37. Following discussion with counsel I read to the jury an abridged Skaf warning (as they are now called) which is set out in a schedule to this judgment.