Chel v Fairfax Media Publications Pty Ltd

The plaintiff, Chel, sought interim relief from the Court of Appeal to prevent the defamation proceedings against Fairfax Media Publications Pty Ltd from proceeding at first instance without a jury. The defendants had initially elected for a jury trial but subsequently sought to withdraw that election shortly before the hearing was due to commence.

The central legal issue before the Court of Appeal was whether to grant a stay on the hearing of the defamation proceedings without a jury, pending the determination of the plaintiff's application for leave to appeal and the appeal itself. This required the court to consider the circumstances under which a party might be permitted to withdraw an election for a jury trial and the potential prejudice to the other party.

Macfarlan JA granted the stay, acknowledging the plaintiff's right to pursue an appeal against the decision to proceed without a jury. The court ordered that the application for leave to appeal and the appeal be heard concurrently, and that the hearing at first instance be stayed until the determination of the appeal. The defendants were ordered to pay the plaintiff's costs of the application for interim relief.