Feldman v The Daily Beast Company LLC (No 2) [2017] NSWSC 1651

Feldman v The Daily Beast Company LLC (No 2) [2017] NSWSC 1651

Given the unusual circumstances and the serendipitous avoidance of defending the claim on the merits by The Daily Beast, and in light of Mr Cohen's submissions, the ordinary rule as to costs is not followed and there is no order as to costs.

Parties
Plaintiff: Yosef Yitzchak Feldman; Second Defendant: Emily Shire; Third Defendant: The Daily Beast LLC
Jurisdiction
Australia
Judgment Date
24 November 2017
Procedural Posture
Application to Set Aside Service of Process / Costs Determination After Application Granted
Outcome
No order as to costs
Legal Topics
Costs, Service of Process, Foreign Defendants
Civil Procedure Costs Service of Process Foreign Defendants

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Yosef Yitzchak Feldman

Plaintiff

Emily Shire

Second Defendant

The Daily Beast LLC

Third Defendant

Procedural Posture

Application to Set Aside Service of Process / Costs Determination After Application Granted

Legal Issues

  1. 1 Whether costs should follow the event when a foreign defendant successfully applies to set aside service

Ratio Decidendi

Given the unusual circumstances and the serendipitous avoidance of defending the claim on the merits by The Daily Beast, and in light of Mr Cohen's submissions, the ordinary rule as to costs is not followed and there is no order as to costs.

Court Disposition

No order as to costs

Orders

  • No order as to costs