Cao v Horan

Case [2018] NSWDC 295


District Court


New South Wales

Medium Neutral Citation: Cao v Horan [2018] NSWDC 295
Hearing dates: 7 June 2018
Date of orders: 07 June 2018
Decision date: 17 October 2018
Jurisdiction:Civil
Before: Gibson DCJ
Decision:

(1) First defendant’s application to strike out the particulars of special damages and the Andrews claim is dismissed.
(2) First defendant to pay plaintiffs' costs of the application.
(3) Gibson DCJ to provide reasons for decision on a later date.
(4) First defendant granted leave to file and serve an Amended Defence on or before 14 June 2018.
(5) First defendant to pay the plaintiffs’ costs thrown away occasioned by the Amended Defence.
(6) Time for the parties to attempt to agree on categories of documents and interrogatories, be extended to on or before 6 July 2018.
(7) Pursuant to r 31.19 Uniform Civil Procedure Rules 2005 (NSW) the plaintiffs to serve an expert report of an expert valuer in connection with the special damages claim on or before 2 August 2018.
(8) Matter stood over to the Defamation List on Thursday 16 August 2018 for further directions.

Catchwords: TORT – defamation – particularisation of claim for special damages
Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.28 and 15.1
Cases Cited: Andrews v John Fairfax & Sons Ltd [1980] 2 NSWLR 225
Bauer Media Pty Ltd v Wilson (No 2) [2018] VSCA 154
Bristow v Adams [2012] NSWCA 166
Chakravarti v Advertiser Newspapers Ltd (1998) 193 CLR 519
Hanson v Hunter [2015] NSWDC 220
Heugh v Askin [2014] WASC 30
Hodgson v. Canadian Newspapers Co. (2000), 49 O.R. (3D) 161 (ONT. C.A.)
Lighthouse Forward Planning Pty Ltd v Queensland Newspapers Pty Ltd [2014] QSC 217
Pisano v Thrum (No 4) [2011] WASC 290
Ratcliffe v Evans [1892] 2 QB 524
Rayney v Western Australia (No 9) [2017] WASC 367
Selecta Homes & Building Co Pty Ltd v Advertiser-News Weekend Publishing Co Pty Ltd (2001) 79 SASR 451
Wilson v Bauer Media Pty Ltd [2017] VSC 521
Texts Cited: Professor R. E. Brown, “Brown on Defamation (Canada, United Kingdom, Australia, New Zealand, United States), Second Edition (formerly The Law of Defamation in Canada)” (Thomson Reuters, Canada)
Category:Procedural and other rulings
Parties: First Plaintiff: Yong Cao
Second Plaintiff: Leonards Pharmacy Pty Ltd
First Defendant: Tim Horan
Second Defendant: Karibu Print Media Pty Limited
Representation:

Counsel:
Plaintiffs: Ms S T Chrysanthou / Mr B C Dean
Defendants: Mr R Potter

  Solicitors:
Plaintiffs: Robert James Lawyers
Defendants: Curwoods Lawyers
File Number(s): 2017/322299
Publication restriction: None

Judgment

  1. These are my reasons for the ruling I made on 7 June 2018 refusing to strike out particulars of the plaintiff’s claim for special damages.

  2. As can be seen from the pleading set out below, the second plaintiff particularises two claims for special damages. These are as follows:

  1. There is a claim for diminution in the value of the business from the $2.9 million plus stock offer received before the publications and the $2.38 million plus stock offer which…

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AGLC
Cao v Horan [2018] NSWDC 295
Case
[2018] NSWDC 295
Decision Date

CaseChat Overview and Summary

Cao v Horan involved a defamation case in the Supreme Court of New South Wales. The plaintiffs, Mr and Mrs Cao, alleged defamation by the first defendant, Mr Horan, in comments made during a community meeting. The plaintiffs sought special damages, including loss of income and legal costs. The first defendant sought to strike out the claim for special damages and the claim by Mrs Andrews (the second plaintiff), arguing that the particulars were insufficient. The legal issues before the court included whether the plaintiffs had adequately particularised their claim for special damages and whether Mrs Andrews' claim could proceed. The court found that the plaintiffs had sufficiently particularised their special damages claim, allowing it to proceed, and dismissed the application to strike out Mrs Andrews' claim. The court ordered the first defendant to pay the plaintiffs' costs for the application and directed the plaintiffs to serve an expert report regarding the special damages claim. The matter was stood over for further directions.

Orders

Orders of the court

(1) First defendant’s application to strike out the particulars of special damages and the Andrews claim is dismissed.

(2) First defendant to pay plaintiffs' costs of the application.

(3) Gibson DCJ to provide reasons for decision on a later date.

(4) First defendant granted leave to file and serve an Amended Defence on or before 14 June 2018.

(5) First defendant to pay the plaintiffs’ costs thrown away occasioned by the Amended Defence.

(6) Time for the parties to attempt to agree on categories of documents and interrogatories, be extended to on or before 6 July 2018.

(7) Pursuant to r 31.19 Uniform Civil Procedure Rules 2005 (NSW) the plaintiffs to serve an expert report of an expert valuer in connection with the special damages claim on or before 2 August 2018.

(8) Matter stood over to the Defamation List on Thursday 16 August 2018 for further directions.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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