Feldman v Polaris Media Pty Ltd as trustee of The Polaris Media Trust trading as The Australian Jewish News (No 3) [2018] NSWSC 1201

Supreme Court New South Wales

Medium Neutral Citation: Feldman v Polaris Media Pty Ltd as trustee of The Polaris Media Trust trading as The Australian Jewish News (No 3) [2018] NSWSC 1201 Hearing dates: 3 August 2018 Date of orders: 03 August 2018 Decision date: 06 August 2018 Jurisdiction: Common Law Before: McCallum J Decision: Plaintiff's application to have judgment set aside refused; plaintiff's recusal application refused; plaintiff to pay defendants' costs of the proceedings including the costs of the notice of motion determined today Catchwords: JUDGMENTS AND ORDERS – application to have judgment set aside – public interest in finality – need to balance with interest of justice in efficient rectification of miscarriage of process – where judgment entered for the defendant in action for defamation – plaintiff contending judge misunderstood the defamation, overlooked his evidence and did not have regard to his written submissions – consideration of content of obligation to give reasons for refusing application

JUDICIAL OFFICERS – oral application for judge to recuse herself after deciding the case but before determining costs – whether prior adverse judgments afford basis for recusal

COSTS – where plaintiff unsuccessful – no basis for departure from usual rule that costs follow the event Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Civil Procedure Act 2005 (NSW), s 56 Cases Cited: Consolidated Lawyers Ltd v Abu Mahmoud; Abu Mahmoud v Consolidated Lawyers Limited [2016] NSWCA 4 De L v Director-General, New South Wales Department of Community Services [No 2] (1997) 190 CLR 207 Feldman v Polaris Media Pty Ltd as Trustee of The Polaris Media Trust trading as the Australian Jewish News (No 2) [2018] NSWSC 1035 Nominal Defendant v Livaja [2011] NSWCA 121 Autodesk Inc v Dyson (No 2) (1993) 176 CLR 300 De L v Director-General, New South Wales Department of Community Services (No 2) (1997) 190 CLR 207 Big Kahuna Holdings Pty Ltd v Kitas (No 2) [2012] NSWSC 858 Feldman v Spinak [2016] NSWSC 1083 Feldman v Polaris Media Pty Ltd [2016] NSWSC 1889 Feldman v Nationwide News Pty Ltd [2016] NSWSC 1890 Feldman v GNM Australia Pty Ltd (No 2) [2016] NSWSC 1188 Feldman v Nationwide News Pty Ltd; Feldman v Special Broadcasting Service Corporation [2018] NSWSC 607 Feldman v Alhadeff [2017] NSWCA 18 Feldman v GNM Australia Ltd [2017] NSWCA 107 Category: Procedural and other rulings Parties: Yosef Yitzchak Feldman (Plaintiff) Polaris Media Pty Ltd as trustee of The Polaris Media Trust trading as The Australian Jewish News (First Defendant) Joshua Levi (Second Defendant) Representation: Counsel: Plaintiff self-represented NG Olson (Defendants)