Feldman v Polaris Media Pty Ltd as Trustee of the Polaris Media Trust trading as the Australian Jewish News (No 4)

The plaintiff, Mr Feldman, sought to have an order set aside that had previously refused to set aside a judgment in his favour. The defendant, Polaris Media, was the trustee of the Australian Jewish News Trust. The dispute involved a defamation claim Mr Feldman brought against the newspaper, which was ultimately decided in his favour. The matter was before the Supreme Court of Victoria.

The central legal issue was whether the court's earlier order, which refused to set aside the judgment, should itself be set aside. The court needed to determine whether there was any error in the previous decision and whether there were any grounds for setting aside the order, such as a significant miscarriage of justice, newly discovered evidence, or a substantial breach of natural justice.

The court found that there was no error in the previous decision and no grounds to set aside the order. The court concluded that the earlier judgment was correctly made and that there were no grounds for revisiting the decision. The court emphasised that such applications are not to be taken lightly and must meet a high threshold. The application was dismissed, and the order refusing to set aside the judgment was upheld.

No further orders were made by the court. The decision stood as it was, affirming the earlier judgment in favour of the plaintiff.