Feldman v The Daily Beast Company LLC [2017] NSWSC 831

Supreme Court New South Wales

Medium Neutral Citation: Feldman v The Daily Beast Company LLC [2017] NSWSC 831 Hearing dates: 9 June, 14 July 2017 Decision date: 21 July 2017 Jurisdiction: Common Law Before: McCallum J Decision: Pursuant to r 12.11 of the Uniform Civil Procedure Rules, service of the second amended statement of claim on the third defendant is set aside Catchwords: DEFAMATION – where originating process was served outside Australia on a company incorporated in Delaware and having its principal place of business in New York – application to have service set aside - consideration of proportionality – where present action confined to a small number of downloads – where plaintiff has brought multiple actions for defamation in the same court suing on the same or similar imputations – consideration of principles relating to service of process on a foreign defendant Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 12.11 Cases Cited: Agar v Hyde [2000] 201 CLR 552; [2000] HCA 41 Bleyer v Google Inc (2014) NSWSC 897 Dow Jones & Company Inc v Gutnick [2002] HCA 56 Feldman v GNM Australia Pty Limited (2017) NSWCA 107 Feldman v IAC/InterActiveCorp [2016] NSWSC 1302 GNM Australia Pty Limited [2016] NSWSC 920 Smith v Lucht [2014] QDC 302 Smith v Lucht [2015] QDC 289 Category: Procedural and other rulings Parties: Yosef Yitzchak Feldman (plaintiff) Emily Shire (second defendant) The Daily Beast LLC (third defendant) Representation: Counsel: Plaintiff self-represented L Barnett, RA Jedrzejczyk (third defendant)