Dehsabzi & Dehsabzi v John Fairfax Publications Pty Ltd (No 4)

The case of Dehsabzi & Dehsabzi v John Fairfax Publications Pty Ltd (No 4) involved the plaintiffs, Dehsabzi & Dehsabzi, pursuing a defamation claim against the defendant, John Fairfax Publications Pty Ltd. The dispute centred around the manner in which the jury was to be directed in a defamation trial, specifically concerning the Skaf directions. These directions are judicial instructions provided to the jury to assist in understanding the legal criteria they must apply when assessing the defamation claim. The case was heard in the Supreme Court of New South Wales.

The legal issues before the court encompassed the proper method for delivering Skaf directions to the jury, particularly whether they should be provided in written form. The court had to consider the statutory requirements outlined in the Jury Act 1977 (NSW), which mandates that such directions must be provided in writing to the jury. The plaintiffs argued that the directions should be read aloud to the jury, while the defendant maintained that the written form was sufficient and complied with the statutory requirement.

The court examined the statutory provisions and the principles underpinning the delivery of directions to the jury. It found that section 55B of the Jury Act 1977 (NSW) clearly required the directions to be provided in writing. The court held that the Skaf directions, having been read to the jury, should also be provided to them in written form. This decision ensured compliance with the statutory requirement and provided the jury with a written record of the instructions, which would aid their understanding and application of the relevant legal principles in assessing the defamation claim.

The court ordered that the Skaf directions, which had already been read to the jury, be provided to them in written form in accordance with section 55B of the Jury Act 1977 (NSW).