Bechara v Bonacorso (No. 3)

The case of Bechara v Bonacorso (No. 3) involved a dispute over a defamation claim. The matter was scheduled for a five-day non-jury trial in May 2010, with the hearing date set for September 2009. Shortly before the trial, the defendant filed a Notice of Motion seeking a trial by jury. The plaintiff objected, citing the defendant's failure to comply with the requisite provisions for a jury requisition and the lack of prior notice to either the plaintiff or the court regarding the intention to seek a jury trial. The plaintiff argued that the late application caused significant prejudice.

The primary legal issue before the court was whether the defendant was entitled to a trial by jury, and if so, whether the application could be made at such a late stage without incurring penalties. The court had to consider the procedural rules governing the requisition of a jury and whether the defendant's failure to follow these rules justified the refusal of the application. Additionally, the court had to assess the impact of the defendant's late application on the plaintiff and decide on the appropriate remedy.

The court found that the defendant's application for a trial by jury was untimely and did not comply with the necessary procedural requirements. It was determined that the defendant had not provided the plaintiff or the court with adequate notice of the intention to seek a jury trial, and thus the application was refused. The court emphasised the importance of adhering to procedural rules to ensure fairness and avoid unnecessary prejudice. Consequently, the defendant was ordered to pay the plaintiff’s costs on an indemnity basis. The matter was stood over for further directions, with the reasons for the decision to be communicated via email by the judge.