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
R McHugh
(Plaintiff)
(Defendant)SOLICITORS: Ward Maxwell & Co
Speed & Stracey
(Plaintiff)
(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 506DECISION: See paragraph 14
DLJ:3
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
DEFAMATION LIST
JUSTICE DAVID LEVINE
20867 OF 2001FRIDAY 8 NOVEMBER 2002
MARIE-ANN STRASBERG
(Plaintiff)
WESTFIELD LIMITED t/a WESTFIELD HORNSBYv
(Defendant)
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…
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- Case
- [2002] NSWSC 1052
- Decision Date
CaseChat Overview and Summary
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.
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