Yosef Yitzchak Feldman v Nationwide News Pty Limited & Ors (No 3) [2018] NSWSC 717

Supreme Court New South Wales

Medium Neutral Citation: Yosef Yitzchak Feldman v Nationwide News Pty Limited & Ors (No 3) [2018] NSWSC 717 Hearing dates: 8; 9; 10; 11 May 2018 Date of orders: 11 May 2018 Decision date: 11 May 2018 Jurisdiction: Common Law Before: Campbell J Decision: I admit the portions of the recording to be shown as Ex 25 and I grant Mr Cohen liberty to apply in respect of the tender of additional portions of the audio visual recording. Catchwords: DEFAMATION – Practice and procedure - tender of audio visual recording of Royal Commission into Institutional Responses to Child Sexual Abuse - objected on basis of relevance and probative value is substantially outweighed by the danger that the evidence might be unfairly prejudicial - dangers of relying upon demeanour and unreliability of demeanour as an aid in assessing the quality of evidence - imputation drawn with specificity - satisfied of relevance - Counsel for the plaintiff granted liberty to nominate portions of the recording to guard against the risk of unfairness Legislation Cited: Evidence Act 1995 (NSW) ss 55, 135; Royal Commissions Act 1902 (Cth) s 6DD Cases Cited: Nil 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 (Plaintiff) Mr Bennett for The Australian Broadcasting Corporation Mr T Lockwood for the Commonwealth of Australia