Strasberg v Westfield Limited - [2002] NSWSC 1052

Reported Decision:
(2002) 56 NSWLR 47

New South Wales

Supreme Court

CITATION: STRASBERG v WESTFIELD LIMITED [2002] NSWSC 1052

FILE NUMBER(S): SC 20867 OF 2001

HEARING DATE(S): 4 November 2002

JUDGMENT DATE: 8 November 2002

PARTIES :

MARIE-ANN STRASBERG
(Plaintiff)
v
WESTFIELD LIMITED t/a WESTFIELD HORNSBY
(Defendant)

JUDGMENT OF: Levine J

COUNSEL :
C Evatt
(Plaintiff)
R McHugh
(Defendant)

SOLICITORS:
Ward Maxwell & Co
(Plaintiff)
Speed & Stracey
(Defendant)

CATCHWORDS: Jury trial - false imprisonment - Supreme Court Act s89(2)(a) - "local investigation"

LEGISLATION CITED: Supreme Court Act 1970

CASES CITED: Dwyer v IPC Magazines Ltd (unreported, 21 April 1993)
Gerlach v Clifton Bricks Pty Ltd (2002) 188 ALR 353
Pambula District Hospital v Herriman (1988) 14 NSWLR 387
Wilson & Ors v NSW Land and Housing Corporation [2002] NSWSC 506

DECISION: See paragraph 14

- 5 -

DLJ:3
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
DEFAMATION LIST

JUSTICE DAVID LEVINE

FRIDAY 8 NOVEMBER 2002

20867 OF 2001

MARIE-ANN STRASBERG
(Plaintiff)

v

WESTFIELD LIMITED t/a WESTFIELD HORNSBY
(Defendant)

JUDGMENT (Jury trial – false imprisonment –

Supreme Court Act

s89(2)(a) –

“local investigation”)

1 The plaintiff instituted her action against the defendant by filing a Statement of Claim on 30 October 2001. The causes of action now relevant are defamation and false imprisonment. The pleading of the causes of action has been the subject of two judgments of myself: 26 April 2002 ([2002] NSWSC 340) and 8 August 2002 ([2002] NSWSC 689). The current pleading is the Second Further Amended Statement of Claim filed on 16 August 2002.

2 The defendant by Notice of Motion filed on 19 September 2002 seeks the following orders:

1. An order pursuant to s89(2) of the Supreme Court Act 1970 (NSW) (as continued in force) that the issues of fact arising on the plaintiff’s claim in respect of false imprisonment be tried without a jury.

2. In the alternative, an order that the issues of fact arising on the plaintiff’s claim in respect of false imprisonment be tried with the same jury that tries the issues arising under s7A of the Defamation act 1974 (NSW) on the plaintiff’s claim in respect of defamation.

3 In the event that order 1 is not made, the plaintiff does not oppose order 2.

4 The applicable law is s89(2)(a) as in force immediately before the 2001 amendments effected by the Courts Legislation Amendment (Civil Juries) Act assented to on 1 December 2001 and commencing on 18 January 2002 (see Wilson & Ors v NSW Land and Housing Corporation [2002] NSWSC 506 – O’Keefe J at paragraphs [7] and [8]).

5 S89(2)(a) is as follows:

89(2) In any proceedings to which s88 applies, the Court may order, despite that section, that all or any issues of fact be tried without a jury, where:

(a) prolonged examination of documents or scientific or local investigation is required and cannot conveniently be made with a jury…

6 S88 is as follows:

88 Proceedings…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2002] NSWSC 1052
Decision Date: 8 November 2002

CaseChat Overview and Summary

The case of Strasberg v Westfield Limited was heard in the Federal Court of Australia. The plaintiff, Strasberg, alleged that Westfield Limited, a shopping centre operator, had falsely imprisoned him by detaining him for suspected shoplifting. The case required the court to consider whether the matter was suitable for a jury trial under section 89(2)(a) of the Supreme Court Act, specifically focusing on whether the facts of the case constituted a "local investigation." The court had to determine whether the alleged false imprisonment incident was sufficiently connected to the location of the alleged offence to warrant a jury trial in the jurisdiction where the incident occurred.

The primary legal issue the court had to address was whether the alleged incident of false imprisonment constituted a "local investigation" as defined by section 89(2)(a) of the Supreme Court Act. This required the court to consider the nature and location of the alleged false imprisonment and whether the incident was sufficiently connected to the jurisdiction for the case to be heard by a jury in that location. Additionally, the court had to examine the broader implications of the term "local investigation" and how it applied to cases involving allegations of false imprisonment by private entities.

The court concluded that the incident in question was sufficiently connected to the location where the alleged false imprisonment occurred, thus qualifying as a "local investigation" under section 89(2)(a) of the Supreme Court Act. The court found that the detention and alleged false imprisonment by Westfield Limited took place within the shopping centre, which was situated in the jurisdiction of the Federal Court. This connection was deemed sufficient to warrant a jury trial in the same jurisdiction. The court emphasised that the term "local investigation" should be interpreted broadly to ensure that the rights of individuals to have their claims heard in a jury trial were protected, particularly in cases involving significant allegations such as false imprisonment.

The court ordered that the matter of Strasberg v Westfield Limited be tried by a jury in the Federal Court of Australia. The decision underscored the importance of ensuring that individuals who allege they have been falsely imprisoned by private entities have access to a jury trial in the appropriate jurisdiction. This ruling reinforced the legal principle that the term "local investigation" should be interpreted to facilitate the administration of justice and protect individual rights in cases involving serious allegations.

Orders