Feldman v IAC [2017] NSWSC 112

Feldman v IAC [2017] NSWSC 112

Because the plaintiff complied with the Court's direction by filing a notice of motion with a proposed pleading seeking to join the entity said to publish the Daily Beast, the appropriate order was to grant leave to file the second amended statement of claim in that form, without prejudice to the proposed third defendant's rights concerning service.

Jurisdiction
Australia
Judgment Date
10 February 2017
Procedural Posture
Defamation Proceedings / Application for Leave to File a Second Amended Statement of Claim Naming the Correct Defendant
Outcome
Plaintiff granted leave to file a second amended statement of claim in the form of the pleading annexed to the notice of motion filed 16 October 2016.
Legal Topics
['leave to Amend Statement of Claim' 'joinder of Defendant' 'service Set Aside' 'publisher of Matter Complained Of']
['defamation' 'civil Procedure'] ['leave to Amend Statement of Claim' 'joinder of Defendant' 'service Set Aside' 'publisher of Matter Complained Of']

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Procedural Posture

Defamation Proceedings / Application for Leave to File a Second Amended Statement of Claim Naming the Correct Defendant

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to file a second amended statement of claim in the form annexed to the notice of motion to join the Daily Beast Company LLC as a defendant.']

Ratio Decidendi

Because the plaintiff complied with the Court's direction by filing a notice of motion with a proposed pleading seeking to join the entity said to publish the Daily Beast, the appropriate order was to grant leave to file the second amended statement of claim in that form, without prejudice to the proposed third defendant's rights concerning service.

Court Disposition

Plaintiff granted leave to file a second amended statement of claim in the form of the pleading annexed to the notice of motion filed 16 October 2016.

Orders

  • ['Plaintiff granted leave to file a second amended statement of claim in the form of the pleading annexed to the notice of motion filed 16 October 2016.' 'Leave is without prejudice to the rights of the proposed third defendant, the Daily Beast Company LLC, to move to have service of the amended pleading set aside.']