Feldman v Polaris Media Pty Ltd as trustee of the Polaris Media Trust trading as the Australian Jewish News (No 3)

In this matter, the plaintiff, Mr Feldman, sought to have a judgment set aside that had been entered for the defendant, Polaris Media Pty Ltd, in a defamation action. The plaintiff contended that the judge had misunderstood the nature of the defamation, overlooked his evidence, and failed to consider his written submissions. The case was heard in the Federal Court of Australia. The plaintiff also made an oral application for the judge to recuse herself after the decision but before the costs were determined, arguing that prior adverse judgments against the plaintiff provided a basis for recusal. Finally, the plaintiff contested the imposition of costs against him, despite being unsuccessful in his defamation action, arguing for a departure from the usual rule that costs follow the event.

The court considered the obligation to give reasons for refusing an application to set aside a judgment and whether the judge had misunderstood the defamation or overlooked evidence. It also examined the grounds for recusal based on prior adverse judgments and whether the usual rule of costs following the event should be departed from in this case.

The court found that there was no basis for setting aside the judgment as the judge had not misunderstood the defamation or overlooked evidence. The court also held that prior adverse judgments did not provide a basis for the judge to recuse herself. Finally, the court confirmed that there was no basis for departing from the usual rule that costs follow the event, and therefore, the plaintiff was liable for the defendant's costs.

The court dismissed the application to set aside the judgment and the application for the judge to recuse herself. The plaintiff was ordered to pay the defendant's costs of the application.