Moran v Schwartz Publishing Pty Ltd [No 5]

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MORAN -v- SCHWARTZ PUBLISHING PTY LTD [No 5] [2016] WASC 67



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2016] WASC 67
Case No:CIV:1894/201412 FEBRUARY 2016
Coram:KENNETH MARTIN J8/03/16
27Judgment Part:1 of 1
Result: Applications for judge alone trial and for preliminary issue on Chase level imputation only refused
B
PDF Version
Parties:TOBIAS FRIEDRICH MORAN
SCHWARTZ PUBLISHING PTY LTD
VIRGINIA PETERS

Catchwords:

Practice and procedure
Interlocutory application by plaintiff
Defamation
Chase level 1 imputation of murder
Justification of lesser Chase level 2 implication of suspicion of murder on reasonable grounds
Long trial anticipated
Application for judge alone trial and for a preliminary issue as to meaning of book
Viability of civil jury trial
Plaintiff's application is refused

Legislation:

Defamation Act 2005 (WA), s 21

Case References:

Ange v Fairfax Media Publications Pty Ltd [2010] NSWSC 1383
Barclay v Cox [1968] VR 664
Belbin v Lower Murray Urban & Rural Water Corporation [2012] VSC 535
Biala Pty Ltd v Mallina Holdings Ltd (1989) 2 WAR 381
Carlo Nobili S.p.A. Rubinetterie v Militaire Nominees Pty Ltd [2004] WASC 47
Chakravati v Advertiser Newspaper Ltd [1998] HCA 37; (1998) 193 CLR 519
Channel Seven Sydney Pty Ltd v Fierravanti-Wells [2011] NSWCA 246
Chel v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWCA 379
Clayton Utz (a Firm) v Dale [2015] VSCA 186
Duff v The Queen (1979) 39 FLR 315
French v Triple M Melbourne Pty Ltd (Ruling No 2) [2008] VSC 548
Gumina v Williams [No 2] (1990) 3 WAR 351
Hinch v Attorney-General (Vic) [1987] HCA 56; (1987) 164 CLR 15
Kingsfield Holdings Pty Ltd v Sullivan Commercial Pty Ltd [No 2] [2014] WASC 408
Mallik v McGeown [2008] NSWSC 129
Marsden v Amalgamated Television Services Pty Ltd [1999] NSWSC 1061
Moran v Schwartz Publishing Pty Ltd [2014] WASC 334
Moran v Schwartz Publishing Pty Ltd [No 2] [2015] WASC 35
Moran v Schwartz Publishing Pty Ltd [No 3] [2015] WASC 215
Protean (Holdings) Pty Ltd v American Home Assurance Co [1985] VR 187
R v Glennon [1992] HCA 16; (1992) 173 CLR 592
Ra v Nationwide News (2009) 182 FCR 148
Ramont Holdings Pty Ltd v City of Kalgoorlie-Boulder [2015] WASC 456
S, DJ v Channel Seven Adelaide Pty Ltd [2009] SASC 6; (2009) 260 LSJS 287
Shogunn Investments Pty Ltd v Public Transport Authority of Western Australia [2016] WASC 42
Swain v Waverley Municipal Council [2005] HCA 4; (2005) 220 CLR 517
The State of Western Australia v Martinez [2006] WASC 25
West Australian Newspapers Ltd v Elliott [2008] WASCA 172; (2008) 37 WAR 387


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : MORAN -v- SCHWARTZ PUBLISHING PTY LTD [No 5] [2016] WASC 67 CORAM : KENNETH MARTIN J HEARD : 12 FEBRUARY 2016 DELIVERED : 8 MARCH 2016 FILE NO/S : CIV 1894 of 2014 BETWEEN : TOBIAS FRIEDRICH MORAN
    Plaintiff

    AND

    SCHWARTZ PUBLISHING PTY…
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Details
Case
[2016] WASC 67
Decision Date

CaseChat Overview and Summary

In the case of Moran v Schwartz Publishing Pty Ltd [No 5], the plaintiff sought to address several procedural matters arising from the anticipated lengthy trial concerning a defamation case. The plaintiff, Moran, is suing the defendant, Schwartz Publishing Pty Ltd, over allegations that a book published by the defendant implies that the plaintiff murdered his wife. The High Court was tasked with deciding the procedural applications made by the plaintiff, including the request for a trial by a judge alone and the determination of a preliminary issue regarding the meaning of the book's implication.

The legal issues before the court included whether a trial by a judge alone was warranted given the complexity and length of the anticipated trial, and whether a preliminary issue should be determined regarding the meaning of the book's implication, specifically the difference between Chase level 1 (direct imputation of murder) and Chase level 2 (suspicion of murder). The court was required to weigh the plaintiff's concerns about the viability of a civil jury trial against the defendant's arguments for a full trial with a jury.

The court found that the issues raised by the plaintiff were not sufficiently compelling to warrant a trial by a judge alone. The court noted that the plaintiff had not demonstrated that a civil jury trial would be unviable, and that the complexity of the case did not automatically warrant a judge alone trial. The court also found that the preliminary issue regarding the meaning of the book's implication was one that should be determined at trial rather than in a preliminary hearing. The court was of the view that the matter was better suited to be resolved by a jury, which could consider the context and nuances of the language used in the book.

Orders

Orders of the court

Applications for judge alone trial and for preliminary issue on Chase level imputation only refused

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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