Feldman v Alhadeff [2017] NSWCA 18

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Feldman v Alhadeff [2017] NSWCA 18 Hearing dates: 6 February 2017 Decision date: 16 February 2017 Before: Macfarlan JA at [1]; Emmett AJA at [18] Decision: Application for leave to appeal dismissed with costs. Catchwords: DEFAMATION – application for leave to appeal against interlocutory decision – alleged defamations arose out of evidence given to the Royal Commission into Institutional Responses to Child Sexual Abuse – primary judge refused leave to amend statement of claim – proposed statement of claim would have reinstated claims that were previously abandoned and did not include necessary particulars – new claim sought to be added held to be statute barred – s 65(2) Civil Procedure Act – whether original statement of claim pleaded a cause of action arising from the same or substantially the same facts Legislation Cited: Civil Procedure Act 2005 (NSW), s 65 Limitation Act 1969 (NSW), ss 14B, 56A Uniform Civil Procedure Rules 2005 Cases Cited: Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 Sims v Wran [1984] 1 NSWLR 317 Toomey v Mirror Newspapers Ltd (1985) 1 NSWLR 173 Category: Procedural and other rulings Parties: Rabbi Yosef Yitzchak Feldman (Applicant) Vic Alhadeff (Respondent) Representation: Counsel: Self-represented Applicant Ms C Amato (Respondent)

Solicitors: Self-represented Applicant Marsh & Maher (Respondent) File Number(s): CA 2016/256299 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Citation: Feldman v Spinak [2016] NSWSC 1083 Date of Decision: 29 July 2016 Before: McCallum J File Number(s): SC 2016/00040453