Feldman v Nationwide News Pty Ltd & Ors [2020] NSWCA 200

Feldman v Nationwide News Pty Ltd & Ors [2020] NSWCA 200

Leave was granted only in part. The amendment adding the SBS proceeding to the justification ground did not cause identified prejudice because the appellant had addressed exhibit H and advanced the same justification argument as for the News 1 proceeding. The amendment adding the SBS proceeding to the fair report ground was refused because it raised a new matter requiring separate submissions and response, no adequate explanation was given for the delay, the appeal was listed in less than three weeks, the respondents would incur disproportionate additional costs, and justice did not require a further indulgence. The amendment to ground 1 to add the video recording was allowed because it...

Jurisdiction
Australia
Judgment Date
25 August 2020
Procedural Posture
Civil Procedure Application in a Defamation Appeal / Application for Leave to File a Further Amended Notice of Appeal
Outcome
Application for leave to file a further amended notice of appeal granted in part; appellant ordered to pay respondents' costs of and incidental to the notice of motion.
Legal Topics
['leave to Amend Notice of Appeal' 'case Management' 'fair Report Defence' 'justification Defence' 'prejudice and Costs' 'admissibility of Royal Commission Transcript and Video Recording']
['civil Procedure' 'defamation' 'evidence'] ['leave to Amend Notice of Appeal' 'case Management' 'fair Report Defence' 'justification Defence' 'prejudice and Costs' 'admissibility of Royal Commission Transcript and Video Recording']

Case Brief

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Procedural Posture

Civil Procedure Application in a Defamation Appeal / Application for Leave to File a Further Amended Notice of Appeal

Legal Issues

  1. 1 ['Whether leave should be granted to file a further amended notice of appeal adding references to the SBS proceedings in grounds concerning justification and fair report.' 'Whether the proposed amendments raised new issues requiring a separate response from the respondents and causing prejudice.' 'Whether leave should be granted to amend ground 1 to refer to a video recording as well as the Royal Commission transcript.' 'What costs order should be made on the notice of motion.']

Ratio Decidendi

Leave was granted only in part. The amendment adding the SBS proceeding to the justification ground did not cause identified prejudice because the appellant had addressed exhibit H and advanced the same justification argument as for the News 1 proceeding. The amendment adding the SBS proceeding to the fair report ground was refused because it raised a new matter requiring separate submissions and response, no adequate explanation was given for the delay, the appeal was listed in less than three weeks, the respondents would incur disproportionate additional costs, and justice did not require a further indulgence. The amendment to ground 1 to add the video recording was allowed because it...

Court Disposition

Application for leave to file a further amended notice of appeal granted in part; appellant ordered to pay respondents' costs of and incidental to the notice of motion.

Orders

  • ['Give leave to the appellant to file a further amended notice of appeal in the form of Annexure E to the affidavit of Brigitte Simeonides of 20 August 2020, save for the addition of the words "and 4 (the SBS proceedings)" so that ground 6 finishes with a full stop after "News 1".' "Order that the appellant pay the...