Feldman v Alhadeff [2017] NSWCA 18

Feldman v Alhadeff [2017] NSWCA 18

The application for leave to appeal was refused because the proposed amended statement of claim did not sufficiently particularise Mr Alhadeff's liability as publisher, attempted to revive claims previously abandoned, and sought to introduce a claim that was statute barred and not based on the same or substantially the same facts as the original statement of claim.

Parties
Applicant: Rabbi Yosef Yitzchak Feldman; Respondent: Vic Alhadeff
Jurisdiction
Australia
Judgment Date
16 February 2017
Procedural Posture
Application for Leave to Appeal / Post Interlocutory; Leave to Appeal Decision
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Leave to Amend Statement of Claim, Statute of Limitations in Defamation, Particulars in Pleadings, Dismissal of Proceedings
Defamation Civil Procedure Leave to Amend Statement of Claim Statute of Limitations in Defamation Particulars in Pleadings Dismissal of Proceedings

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Parties

Rabbi Yosef Yitzchak Feldman

Applicant

Vic Alhadeff

Respondent

Procedural Posture

Application for Leave to Appeal / Post Interlocutory; Leave to Appeal Decision

Legal Issues

  1. 1 Whether leave to amend the statement of claim should be granted to reinstate claims against Mr Alhadeff
  2. 2 Whether new claim sought to be added was statute barred
  3. 3 Whether the proposed statement of claim pleaded a cause of action arising from the same or substantially the same facts as the original

Ratio Decidendi

The application for leave to appeal was refused because the proposed amended statement of claim did not sufficiently particularise Mr Alhadeff's liability as publisher, attempted to revive claims previously abandoned, and sought to introduce a claim that was statute barred and not based on the same or substantially the same facts as the original statement of claim.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Application for leave to appeal dismissed with costs.