Hang v Nguy

[2017] NSWDC 333

District Court

New South Wales

Medium Neutral Citation:	Hang v Nguy [2017] NSWDC 333
Hearing dates:	16 November 2017
Date of orders:	23 November 2017
Decision date:	23 November 2017
Jurisdiction:	Civil
Before:	Gibson DCJ
Decision:	(1) Defendants’ application to withdraw admissions of “so much of their defence as may constitute an admission to the publication of the portion of the first matter complained of that is in the Chinese language” is dismissed. (2) Defendants pay the plaintiff’s costs on an indemnity basis. (3) Plaintiff’s application for a gross sum costs order to be assessable forthwith refused. (4) Liberty to the parties to bring in Short Minutes of Order for a timetable for the future conduct of these proceedings.
Catchwords:	PRACTICE AND PROCEDURE – application by 18 defendants to withdraw admissions in their verified defence – 6 defendants provide no evidence – unsatisfactory explanations by the remaining 12 defendants – no notice of withdrawal, contrary to UCPR r 12.6(3) – case management factors - application to withdraw admissions refused – COSTS – application for indemnity costs payable forthwith – application for indemnity costs granted
Legislation Cited:	Civil Procedure Act 2005 (NSW), ss 56-62 and 98 Defamation Act 2005 (NSW), ss 25, 26, 30 Uniform Civil Procedure Rules 2005 (NSW), r 12.6
Cases Cited:	Blake-Dyke v Bayard [2017] NSWSC 1474 Hamod v New South Wales (2002) 188 ALR 659 Karadaghian v Big Beat (Australia) Pty Ltd [2014] NSWSC 496 Maile v Rafiq [2005] NSWCA 41 Palace Films Pty Ltd v Fairfax Media Publications Pty Ltd [2010] NSWSC 962 Webb v Bloch (1928) 41 CLR 331
Category:	Procedural and other rulings
Parties:	Plaintiff: Phu Tho Hang First Defendant: David Nguy Second Defendant: Minh Mai Lam Third Defendant: Lai Van Tran Fourth Defendant: Wai Leung Fong Fifth Defendant: Michael Chen Sixth Defendant: Trung Hong Seventh Defendant: Minh Phu Eighth Defendant: Quang Thanh Dang Ninth Defendant: Sung Boy Heng Tenth Defendant: Fom Sau Tan Eleventh Defendant: Thu Xiem Tran Twelve Defendant: Huynh Tran Thirteenth Defendant: Kien Tran Fourteenth Defendant: Winnie Hoang Fifteenth Defendant: Minh Le Lam Sixteenth Defendant: Anna Nguy Seventeenth Defendant: Belinda Lam Eighteenth Defendant: Ly Van (Vicky) Hong
Representation:	Counsel: Plaintiff: Ms G Rubagotti Defendants: Mr C J Dibb   Solicitors: Plaintiff: Zhang Shijing Lawyers Defendants: Thuan Nguyen Associates
File Number(s):	2017/53474
Publication restriction:	None

Judgment

The application before the court

1. The parties bring a series of applications before the court, principally arising from the defendants’ application to withdraw an admission of publication made in their verified defence. These are:

1. The defendants’ application for leave to amend the defence to withdraw admissions in relation to that portion of the publication of the first matter complained of which is in the traditional Chinese language (“Chinese”).

2. The form of interrogatories the plaintiff proposes to administer to the defendants concerning the words spoken on the occasion of publication of the matter complained of where any further explanation of the English document (whether in Chinese or English) was proffered.

3. Argument concerning the entitlement of the defendants to…