Deeming,represented by leading defamation barrister Sue Chrysanthou,on Friday sought a separate trial so that Justice Wheelahan could determine if and how the exiled Liberal MP had been defamed before witnesses were called to take the stand on the question of damages.
“If your honour,in nine months,is going to find that imputations are not carried and that there’s no cause of action in relation to certain publications … from my client’s perspective,she’d rather know that now before incurring the costs associated in proving serious harm,” Chrysanthou told the court.
But Pesutto,represented by another leading defamation barrister,Dr Matthew Collins,was successful in arguing there should be no separate trial at this time.
“We’ve ultimately come to the view that a separate trial would ultimately be more likely to add to costs,” Collins told the court.
Deeming’s defamation claim focuses on a press release,expulsion motion and alleged dossier circulated by the opposition leader’s office – along with multiple interviews conducted by Pesutto – around the time of her ousting from the parliamentary party.
In her statement of claim,Deeming cited 23 imputations arising from a press release consisting of 18 or so lines.