Feldman v Polaris Media Pty Ltd as Trustee of the Polaris Media Trust trading as the Australian Jewish News (No 4) [2018] NSWSC 1639

The application to set aside the order was refused because the submissions had already been dealt with in previous judgments, the change in case presentation post-termination of lawyers was not reflected in pleadings or conduct, no miscarriage of process was established under r 36.16, and issues raised were not new or sufficient to reconsider the prior rulings.

Jurisdiction: Australia
Judgment Date: 07 September 2018
Procedural Posture: Civil / Consequential Orders / Post Judgment Application
Outcome: application refused
Legal Topics: ['setting Aside Judgment' 'costs']

['defamation' 'civil Procedure'] ['setting Aside Judgment' 'costs']

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Procedural Posture

Civil / Consequential Orders / Post Judgment Application

Legal Issues

1 ['Whether the court can set aside the previous order refusing to set aside primary judgment under r 36.16 of the Uniform Civil Procedure Rules 2005 (NSW)' "Whether failure to refer to plaintiff's clarification of case and termination of lawyers warrants setting aside the order" 'Whether defences of honest opinion and qualified privilege would stand if imputations were understood differently']

Ratio Decidendi

Court Disposition

application refused

Orders

["The plaintiff's application is refused." "The plaintiff is to pay the defendants' costs of the application."]