TORT — defamation — application pursuant to s 10A(5) Defamation Act 2005 for the serious harm element of the plaintiff’s claim to be determined before the trial — whether separate determination of issues should be seen as an “exceptional course” — whether there was a need to identify a clearly severable question — whether there was a possibility of inconsistent credit and quantum issues — whether the nature and extent of the evidence was suitable for a separate hearing — s 10A(6) factors of costs, resources and overlap — whether special circumstances warranted the refusal of the application — whether the defendant should be required to file a defence prior to this issue being determined — defendant’s application for the serious harm element of the plaintiff’s claim to be determined separately before trial granted
Case Details
Citation[2022] NSWDC 459
CourtNSWDC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
