NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Yosef Yitzchak Feldman v Nationwide News Pty Limited & Ors (No 4) [2018] NSWSC 682 Hearing dates: 8; 9; 10; 11; May 2018 Date of orders: 10 May 2018 Decision date: 16 May 2018 Jurisdiction: Common Law Before: Campbell J Decision: I am not satisfied that the plaintiff has demonstrated that I should disqualify myself from hearing the case Catchwords: DEFAMATION – Practice and procedure - application for judge to recuse himself - grounded on apprehended bias - raised voice to Counsel - refusal of an application made by defendants to require the plaintiff to make admissions regarding expressions - alleged heated exchange in relation to whether a document had been admitted into evidence before or after lunch - ordinary by-stander test - Ebner v Official Trustee in Bankruptcy - apology at first available opportunity - failure to demonstrate judge should disqualify himself Legislation Cited: Civil Procedure Act 2005 (NSW) s 70; Royal Commissions Act 1902 (Cth) s 6DD Cases Cited: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Texts Cited: Nil Category: Procedural and other rulings Parties: Yosef Yitzhak Feldman (Plaintiff) Nationwide News Pty Ltd (First Defendant) Special Broadcasting Service Corporation (Second Defendant) Representation: Counsel: Mr J Cohen (Plaintiff) Mr A T S Dawson SC with Ms L Barnett (Defendant)
Solicitors: Jacobs Legal (Plaintiff) File Number(s): 2016/00038344; 2016/00038360; 2016/00277467;2016/00277467; 2017/00244766
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