Cossari v Wells

Cossari v Wells involved a dispute concerning the mode of trial in a defamation case. The plaintiff, Cossari, sought a trial by jury, while the defendant, Wells, preferred a trial by judge alone. The matter was before the Supreme Court of New South Wales, which had to decide on the appropriate trial mode amidst the COVID-19 pandemic, which had led to the indefinite suspension of jury trials. The court's task was to balance the defendant's right to a jury trial with the indefinite delay that would result from continuing to wait for jury trials to resume.

The legal issues centred on whether the indefinite suspension of jury trials due to the COVID-19 health crisis justified the exercise of the court's discretion to order a trial by judge alone, despite the plaintiff's right to a jury trial. The court had to consider whether the indefinite delay in conducting a jury trial outweighed the plaintiff's right to such a trial. It also had to determine whether the indefinite suspension of jury trials was a relevant factor in deciding the mode of trial.

The court reasoned that the indefinite suspension of jury trials due to the COVID-19 health crisis was a relevant factor in determining the appropriate mode of trial. The court held that the indefinite delay in conducting a jury trial, which would result in significant prejudice to the defendant, outweighed the plaintiff's right to a trial by jury. The court exercised its discretion under the relevant legislation to order a trial by judge alone, considering the exceptional circumstances of the pandemic. The plaintiff's application for leave to appeal the primary judge's order was refused.