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

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

None of the grounds advanced by the plaintiff for setting aside judgment nor for judicial recusal had merit; the correct procedural and legal standards were applied, no misunderstanding or overlooking of evidence or submissions was established, and there was no reasonable apprehension of bias from prior adverse rulings.

Parties
Plaintiff: Yosef Yitzchak Feldman; First Defendant: Polaris Media Pty Ltd as trustee of The Polaris Media Trust trading as The Australian Jewish News; Second Defendant: Joshua Levi
Jurisdiction
Australia
Judgment Date
06 August 2018
Procedural Posture
Notice of Motion/application to Set Aside Judgment and Recusal Application / Post Judgment/application to Set Aside and Recusal Before Determination of Costs
Outcome
Plaintiff's application to have judgment set aside refused; recusal application refused; plaintiff to pay defendants' costs including costs of the present motion.
Legal Topics
Judgments and Orders, Defamation, Costs, Recusal of Judicial Officers
Civil Procedure Judgments and Orders Defamation Costs Recusal of Judicial Officers

Case Brief

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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

Procedural Posture

Notice of Motion/application to Set Aside Judgment and Recusal Application / Post Judgment/application to Set Aside and Recusal Before Determination of Costs

Legal Issues

  1. 1 Whether it is appropriate to set aside a judgment under r 36.16 of the Uniform Civil Procedure Rules 2005 (NSW)
  2. 2 Whether the judge misunderstood or overlooked submissions or evidence in the primary judgment
  3. 3 Whether there is a basis for judicial recusal after prior adverse findings

Ratio Decidendi

None of the grounds advanced by the plaintiff for setting aside judgment nor for judicial recusal had merit; the correct procedural and legal standards were applied, no misunderstanding or overlooking of evidence or submissions was established, and there was no reasonable apprehension of bias from prior adverse rulings.

Court Disposition

Plaintiff's application to have judgment set aside refused; recusal application refused; plaintiff to pay defendants' costs including costs of the present motion.

Orders

  • The plaintiff's application to have the judgment given 23 July 2018 set aside is refused.
  • I decline to recuse myself.