Feldman v The Daily Beast Company LLC [2017] NSWSC 831

Feldman v The Daily Beast Company LLC [2017] NSWSC 831

Service of the second amended statement of claim on the third defendant is set aside because the disproportion between the expended resources and the interest at stake, in the context of multiple similar proceedings and enforceability issues, justifies the exercise of discretion under r 12.11 of the Uniform Civil Procedure Rules 2005 (NSW).

Jurisdiction
Australia
Judgment Date
21 July 2017
Procedural Posture
Civil / Interlocutory Application to Set Aside Service of Originating Process on a Foreign Defendant
Outcome
Service of the second amended statement of claim on the third defendant is set aside.
Legal Topics
['service Outside Jurisdiction' 'proportionality' 'multiple Proceedings' 'enforcement of Foreign Judgments']
['defamation' 'civil Procedure'] ['service Outside Jurisdiction' 'proportionality' 'multiple Proceedings' 'enforcement of Foreign Judgments']

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Procedural Posture

Civil / Interlocutory Application to Set Aside Service of Originating Process on a Foreign Defendant

Legal Issues

  1. 1 ['Whether service of the second amended statement of claim on the third defendant, a foreign company, should be set aside under r 12.11 of the Uniform Civil Procedure Rules 2005 (NSW)' 'Whether the disproportion between the resources to be expended and interest at stake provides a basis to set aside service' 'Whether multiplicity of similar defamation proceedings and enforceability of a potential judgment elsewhere are grounds for setting aside service']

Ratio Decidendi

Service of the second amended statement of claim on the third defendant is set aside because the disproportion between the expended resources and the interest at stake, in the context of multiple similar proceedings and enforceability issues, justifies the exercise of discretion under r 12.11 of the Uniform Civil Procedure Rules 2005 (NSW).

Court Disposition

Service of the second amended statement of claim on the third defendant is set aside.

Orders

  • ['Pursuant to r 12.11 of the Uniform Civil Procedure Rules, service of the second amended statement of claim on the third defendant is set aside.' 'Unless the third defendant applies for costs within seven days, no order as to costs.']