Cao v Horan

Case

[2018] NSWDC 295

17 October 2018


Details
AGLC Case Decision Date
Cao v Horan [2018] NSWDC 295 [2018] NSWDC 295 17 October 2018

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.
Details

Areas of Law

  • Tort Law

Legal Concepts

  • Defamation

  • Limitation Periods

  • Costs

  • Expert Evidence

  • Discovery & Disclosure

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Cases Citing This Decision

0

Cases Cited

11

Statutory Material Cited

1

Hanson v Hunter [2015] NSWDC 220
Heugh v Askin [2014] WASC 30