Feldman v IAC/InterActiveCorp [2016] NSWSC 1302

Supreme Court New South Wales

Medium Neutral Citation: Feldman v IAC/InterActiveCorp [2016] NSWSC 1302 Hearing dates: 9 September 2016 Decision date: 09 September 2016 Jurisdiction: Common Law Before: McCallum J Decision: Pursuant to rule 12.11 of the UCPR, service of the amended statement of claim on the first defendant set aside; proceedings as against the first defendant dismissed; any application by the plaintiff to join the Daily Beast Company LLC as a defendant to the proceedings be brought by filing a notice of motion, together with a proposed form of pleading within four weeks from today; proceedings stood over before the duty judge on Thursday, 6 October 2016; plaintiff to pay the first defendant's costs of the proceedings Catchwords: PROCEDURE – service of pleading outside Australia – whether claim has insufficient prospects of success to warrant putting an overseas defendant to the trouble of defending the claim – where publication published by a subsidiary of the defendant – defendant obviously not liable as a publisher Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Dow Jones v Gutnick (2002) 210 CLR 575; [2002] HCA 56 Category: Procedural and other rulings Parties: Yosef Yitzchak Feldman (plaintiff) IAC/InterActiveCorp (first defendant) Emily Shire (second defendant) Representation: Counsel: Plaintiff self-represented L Barnett (first defendant) Second defendant not yet served with originating process