NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Feldman v Nationwide News Pty Ltd [2016] NSWSC 1890 Hearing dates: 29 July 2016 Decision date: 22 December 2016 Jurisdiction: Common Law Before: McCallum J Decision: The defendants' application to have the proceedings summarily dismissed is refused Catchwords: DEFAMATION – defences – defence of fair report – whether defence so obviously able to be established that the plaintiff's claim should be summarily dismissed – where plaintiff gave evidence before Royal Commission – nuances in evidence arguably not captured in report Legislation Cited: Defamation Act 2005 (NSW), s 29 Uniform Civil Procedure Rules 2005 (NSW), r 13.4 Cases Cited: Chakravarti v Advertiser Newspapers Ltd (1998) 193 CLR 519; [1998] HCA 37 Cook v Alexander [1974] QB 279 Thom v Associated Newspapers Ltd (1964) 64 SR (NSW) 376 Waterhouse v Broadcasting Station 2GB Pty Ltd (1985) 1 NSWLR 58 Category: Procedural and other rulings Parties: Yosef Yitzhak Feldman (plaintiff) Nationwide News Pty Ltd (first defendant) Herald and Weekly Times Pty Ltd (second defendant) Nick Hansen (third defendant) Pia Ackerman (fourth defendant) Shannon Deery (fifth defendant) Representation: Counsel: J Cohen (plaintiff) M Collins QC, L Barnett (defendants)
Solicitors: Cambridge Lawyers (plaintiff) Macpherson & Kelley Lawyers Pty Ltd (defendants) File Number(s): 2016/38344
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