Feldman v GNM Australia Ltd [2016] NSWSC 920

Supreme Court New South Wales

Medium Neutral Citation: Feldman v GNM Australia Ltd [2016] NSWSC 920 Hearing dates: 16, 24 June 2016 Date of orders: 30 June 2016 Decision date: 01 July 2016 Jurisdiction: Common Law Before: McCallum J Decision: Proceedings permanently stayed Catchwords: DEFAMATION – where defendants contend proceedings commenced contrary to settlement agreement with plaintiff – whether binding agreement reached – whether solicitor had ostensible authority to bind plaintiff to an agreement – consideration of the provisions under part 3 of the Defamation Act for resolution of civil disputes without litigation

PROCEDURE – application for stay of proceedings allegedly commenced in breach of settlement agreement – power to stay proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), ss 67, 73 Defamation Act 2005 (NSW), s 14 Cases Cited: Lucke v Cleary [2011] SASCFC 118; 111 SASR 134 Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622 GR Securities Pty Ltd v Baulkham Hills Private Hospital Pty Ltd (1986) 40 NSWLR 631 Masters v Cameron (1954) 91 CLR 353 Pavlovic v Universal Music Australia Pty Ltd [2015] NSWCA 313 Category: Procedural and other rulings Parties: Yosef Yitzhak Feldman (Plaintiff) The Guardian News and Media Limited (First Defendant) Melissa Davey (Second Defendant) Representation: Counsel: J Cohen (Plaintiff) B R McClintock SC with R Potter (First and Second Defendants)