Chel v Fairfax Media Publications Pty Ltd [2015] NSWCA 355

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chel v Fairfax Media Publications Pty Ltd [2015] NSWCA 355 Hearing dates: 16 November 2015 Date of orders: 17 November 2015 Decision date: 17 November 2015 Before: Macfarlan JA Decision: (1) That the plaintiff's application for leave to appeal and the appeal that would follow if leave were granted be heard on a concurrent basis on Friday 20 November 2015, with an estimate of half a day.

(2) That Adamson J's decision to hear the Common Law Division proceedings numbered 2011/409423 without a jury be stayed until the determination of the plaintiff's application for leave to appeal or, if leave is granted, the plaintiff's appeal.

(3) That the defendants pay the plaintiff's costs of her application for interim relief.

(4) That by 5.00 pm on Wednesday 18 November 2015, the plaintiff file and serve a written summary of argument.

(5) That by 5.00 pm on Thursday 19 November 2015, the defendants file and serve a written summary of argument.

(6) That the plaintiff file and serve supplemented white folders by 2.00 pm on Thursday 19 November 2015. Catchwords: DEFAMATION – application to Court of Appeal for interim relief to prevent hearing at first instance proceeding without a jury – defendants elected for a jury trial but purported to withdraw election shortly before hearing Legislation Cited: Civil Procedure Act 2005 (NSW), s 14 Defamation Act 2005 (NSW), s 21 Uniform Civil Procedure Rules 2005 (NSW), r 29.2A Cases Cited: Carolan v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 1010 Channel Seven Sydney Pty Ltd v Fierravanti-Wells [2011] NSWCA 246; 81 NSWLR 315 Kencian v Watney [2015] QCA 212 Category: Procedural and other rulings Parties: Lili Chel (Appellant) Fairfax Media Publications Pty Ltd (First Respondent) Vanda Carson (Second Respondent) Representation: Counsel: R Rasmussen (Appellant) T Blackburn SC/L Barnett (Respondents)