Feldman v Nationwide News Pty Ltd; Feldman v Nationwide News Pty Ltd; Feldman v Nationwide News Pty Ltd; Feldman v Special Broadcasting Service Corporation [2018] NSWSC 607

Feldman v Nationwide News Pty Ltd; Feldman v Nationwide News Pty Ltd; Feldman v Nationwide News Pty Ltd; Feldman v Special Broadcasting Service Corporation [2018] NSWSC 607

The challenged imputations in the News 1 proceedings and proposed imputations (i), (ii) and (iv) in the News 3 proceedings were sufficiently capable of being conveyed and, where challenged, sufficiently clear in form to be left to the tribunal of fact, but proposed imputation (v) was bad in form because it...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 March 2018
Procedural Posture
Defamation Proceedings / Interlocutory Applications Concerning Leave to Amend Pleadings, Joinder, Mode of Trial and Costs
Outcome
Plaintiff substantially successful on amendment applications; proceedings ordered not to be tried by jury; fourth proceeding joined with the other three; each party to bear its own costs of the applications heard and determined.
Legal Topics
['imputations' 'leave to Amend' 'capacity' 'form of Imputations' 'joinder' 'trial by Jury' 'costs']
['defamation' 'civil Procedure'] ['imputations' 'leave to Amend' 'capacity' 'form of Imputations' 'joinder' 'trial by Jury' 'costs']

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Procedural Posture

Defamation Proceedings / Interlocutory Applications Concerning Leave to Amend Pleadings, Joinder, Mode of Trial and Costs

Legal Issues

  1. 1 ["Whether the plaintiff should have leave in the News 1 proceedings to amend his imputations to plead imputations concerning moral wrongfulness of adult sexual touching of a child's genitals." 'Whether proposed alternative imputations in the News 1 proceedings differed in substance and could properly stand as alternatives.' 'Whether proposed imputations (i), (ii) and (iv) in the News 3 proceedings were reasonably capable of being conveyed and were good in form.' 'Whether proposed imputation (v) in the News 3 proceedings was bad in form because it failed to attribute any act or condition to the plaintiff.' 'Whether the proceedings should be ordered not to be tried by jury after an election for jury trial.' 'Whether the fourth proceeding should be joined with the other three proceedings.' 'What costs order should be made for the applications heard and determined.']

Ratio Decidendi

The challenged imputations in the News 1 proceedings and proposed imputations (i), (ii) and (iv) in the News 3 proceedings were sufficiently capable of being conveyed and, where challenged, sufficiently clear in form to be left to the tribunal of fact, but proposed imputation (v) was bad in form because it attributed conduct to the Royal Commission rather than any act or condition to the plaintiff. Given the defendants' consent, it was appropriate under s 21 (1) of the Defamation Act 2005 (NSW) to order that the proceedings not be tried by jury, and after resolution of the amendment issues it was appropriate to join the fourth proceeding with the other three. Each party had a measure of...

Court Disposition

Plaintiff substantially successful on amendment applications; proceedings ordered not to be tried by jury; fourth proceeding joined with the other three; each party to bear its own costs of the applications heard and determined.

Orders

  • ['In the News 1 proceedings, the plaintiff is granted leave to amend in the terms proposed.' 'In the News 3 proceedings, the plaintiff is granted leave to amend as proposed, save as to proposed imputation (v).' 'The proceedings are not to be tried by jury.' 'The fourth proceeding is joined with the other three...