Feldman v IAC/InterActiveCorp [2016] NSWSC 1302

Feldman v IAC/InterActiveCorp [2016] NSWSC 1302

The claim against IAC/InterActiveCorp, as a parent company, enjoys insufficient prospects of success because it is not responsible for acts of its subsidiary, and thus service on IAC should be set aside and proceedings as against it dismissed.

Jurisdiction
Australia
Judgment Date
09 September 2016
Procedural Posture
Defamation / Interlocutory Application to Set Aside Service and Dismiss First Defendant
Outcome
Service of the amended statement of claim on the first defendant set aside; proceedings against the first defendant dismissed; plaintiff to pay the first defendant's costs; plaintiff to apply to join the Daily Beast Company LLC, if so advised, within four weeks.
Legal Topics
['service Outside Australia' 'defamation' 'corporate Liability']
['procedure'] ['service Outside Australia' 'defamation' 'corporate Liability']

Case Brief

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Procedural Posture

Defamation / Interlocutory Application to Set Aside Service and Dismiss First Defendant

Legal Issues

  1. 1 ['Whether service of the amended statement of claim on the first defendant should be set aside under rule 12.11 of the UCPR' 'Whether the claim against IAC/InterActiveCorp has sufficient prospects of success to warrant defending' 'Whether a parent company is liable for publication by its subsidiary in defamation']

Ratio Decidendi

The claim against IAC/InterActiveCorp, as a parent company, enjoys insufficient prospects of success because it is not responsible for acts of its subsidiary, and thus service on IAC should be set aside and proceedings as against it dismissed.

Court Disposition

Service of the amended statement of claim on the first defendant set aside; proceedings against the first defendant dismissed; plaintiff to pay the first defendant's costs; plaintiff to apply to join the Daily Beast Company LLC, if so advised, within four weeks.

Orders

  • ['Pursuant to rule 12.11 of the UCPR, service of the amended statement of claim on the first defendant set aside.' 'Proceedings as against the first defendant dismissed.' 'Any application by the plaintiff to join the Daily Beast Company LLC as a defendant to be brought by filing a notice of motion together with a...