TORT — defamation — plaintiff requisitions a jury — proceedings set down for trial with a jury — trial adjourned after plaintiff suffers an atrial fibrillation episode during examination in chief — plaintiff’s cardiologist certifies plaintiff now fit to give evidence and be cross-examined in a jury trial — defendants bring application pursuant to s 21(1) of the Defamation Act 2005 (NSW) (“the Act”) for an order that the trial of these proceedings proceed without a jury — whether medical evidence satisfactory — whether, in the exercise of the unfettered discretion under s 21(1), there are other reasons why the court should order that the trial should proceed before a judge alone — application dismissed with costs
Case Details
Citation[2024] NSWDC 8
CourtNSWDC
JurisdictionNew South Wales
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