Goldsworthy v Seven Network Limited [2013] NSWSC 344

Supreme Court New South Wales

Medium Neutral Citation: Goldsworthy v Seven Network Limited [2013] NSWSC 344 Hearing dates: 15/03/2013 Decision date: 25 March 2013 Jurisdiction: Common Law Before: Garling J Decision: (1) Application that the jury be dispensed with is refused. (2) Costs of the application are costs in the cause. Catchwords: DEFAMATION - application under s 21(3) of the Defamation Act 2005 for proceedings not to be tried by a jury - the practical consequence of a trial by jury of technical, scientific or other issues in voluminous proceedings - relevance of the overriding purpose of the Civil Procedure Act 2005 - no issue of principle Legislation Cited: Civil Procedure Act 2005 Defamation Act 2005 Cases Cited: Channel Seven Sydney Pty Ltd v Fierravanti-Wells [2011] NSWCA 246 Category: Procedural and other rulings Parties: Brett Goldsworthy (P) Seven Network Ltd (D) Representation: Counsel: C R Evatt / R Rasmussen (P) D R Sibtain (D) Solicitors: Sharah & Associates (P) Johnson Winter And Slattery (D) File Number(s): 2011/176825

Judgment 1Brett Goldsworthy commenced proceedings in May 2011 claiming he had been defamed by a television programme shown on 28 March 2011 by Channel Seven in Adelaide. The programme was called Today Tonight. 2As well, Mr Goldsworthy claims that he has been defamed because a copy of the telecast of the programme and the transcript of the words spoken during the programme were published on Channel Seven's website on the same day. 3The active defendants are the company that owns and operates Channel Seven, and the journalists and employees who are said to have been involved in the defamation. 4This judgment deals with the issue of whether the jury, which has been requisitioned by the defendants to hear the proceedings, ought to be dispensed with.