NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Yosef Yitzchak Feldman v Nationwide News Pty Limited & Ors (No 2) [2018] NSWSC 716 Hearing dates: 8; 9 May 2018 Date of orders: 09 May 2018 Decision date: 09 May 2018 Jurisdiction: Common Law Before: Campbell J Decision: I overrule the objection and I will admit the submissions as exhibit DBT5 Catchwords: DEFAMATION – Practice and procedure - tender of written submissions - whether the admission of the document is unfairly prejudicial - probative value - author of article not present - claim of lost opportunity to cross-examine - probative value not substantially outweighed by the danger that the evidence might be unfairly prejudicial to plaintiff - not uncommon - plaintiff did deprived of opportunity to make a Jones v Dunkel submission Legislation Cited: Evidence Act 1995 (NSW) ss 38, 135 Cases Cited: Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 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 Barrett (Plaintiff) Mr Bennett for The Australian Broadcasting Corporation Mr T Lockwood for the Commonwealth of Australia
Solicitors: Jacobs Legal (Plaintiff) File Number(s): 2016/00038344; 2016/00038360; 2016/00277467;2016/00277467; 2017/00244766
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