Feldman v Polaris Media Pty Ltd as Trustee of the Polaris Media Trust t/as The Australian Jewish News [2020] NSWCA 56

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Feldman v Polaris Media Pty Ltd as Trustee of the Polaris Media Trust t/as The Australian Jewish News [2020] NSWCA 56 Hearing dates: 20 May 2019 Decision date: 01 April 2020 Before: White JA at [1]; Emmett AJA at [128]; Simpson AJA at [166] Decision: (1) Grant leave to the applicant to appeal from the orders of 23 July 2018. (2) Direct that the proposed amended notice of appeal that is annexure "A" to the affidavit of Ljupka Subeska dated 10 May 2019, except paragraph 13, stand as the notice of appeal. (3) Dismiss the appeal. (4) Order that the appellant pay the respondents' costs of the application for leave to appeal and of the appeal, and the costs of the respondents' notice of motion of 21 February 2019. Catchwords: CIVIL PROCEDURE — Court of Appeal — Leave to appeal – whether appeal incompetent – notice of appeal – application filed out of time – where no application has been made for an extension of time or explanation given – no evidence appeal involves matter at issue of value of $100,000 or more

DEFAMATION — whether denial of procedural fairness – whether conclusions open to be drawn by primary judge in absence of cross-examination – whether appellant had adequate opportunity to explain his position – where trial judge did not notify the appellant of her doubts concerning his evidence

DEFAMATION — Defences — honest opinion — whether defamatory matter was statement of fact or opinion/comment – where matters of opinion intermingled with statements of fact – whether defamatory matter or defamatory meaning as found focus of inquiry