Trial of preliminary issue inappropriate in circumstances of defamation proceedings

Court of Appeal – defamation – four newspapers published articles referring to conviction for assault – probation act – claimed that the assault charges were dismissed – trial of a preliminary issue – privilege - procedural history – High Court dismissed proceedings as being bound to fail – Supreme Court allowed appeals – fresh motions – re-enter motion – trial of preliminary issue - claims of lack of fair procedures – bias – conspiracy - claim of bias seems wholly based upon the fact that the High Court judge did not agree with the appellant’s understanding of the effect of the Supreme Court Order, and the fact that the judge went on to order costs against him - District Court Order and the Probation of Offenders Act - Supreme Court Judgment – whether the High Court was entitled to hear the fresh motions - no substance to the appellant’s complaints that it was impermissible for the newspaper to reformulate their motions – whether the trial judge was correct in directing a preliminary hearing - procedural requirements for a motion seeking a direction for a preliminary hearing - whether the trial judge erred in directing a preliminary hearing in this case – standard of review -whether this is truly a case in which a preliminary issue ought to have been directed – fair and accurate reports - the appropriate way is to have all the evidence heard in a single unitary trial at which the judge can make the appropriate decisions in accordance with law as to whether the reports were fair and accurate and whether that can appropriately be left to the jury to determine as a matter of fact - qualified or absolute privilege - insufficient evidential basis established to say that there would be any saving of court time and/or costs - jurisdiction to order trial of a preliminary issue could only arise on an exceptional basis in defamation proceedings where the facts at issue are agreed and a clear free standing issue of law suitable for preliminary hearing arises - factual dispute - the issue as to whether the articles are fair and accurate is properly left in the first instance to the trial judge - evidence does not demonstrate how there would be a saving of time or costs by having this matter heard as a preliminary issue – appeal allowed