Kim v Lee & Ors

The matter of Kim v Lee & Ors was heard in the Supreme Court of Queensland, where the plaintiff, Kim, sought a declaration that the third defendant acted as an agent for the first and third to thirty-second defendants in settling defamation actions that had been previously commenced in the District Court. The defendants contested the claim, arguing that the third defendant had no authority to settle on their behalf and that they never offered to pay any money to the plaintiff. The primary legal issue before the court was whether the affidavit evidence of the plaintiff, which detailed an earlier unsuccessful attempt to settle the District Court proceedings, was admissible in the absence of any evidence that the third defendant had the authority to negotiate on behalf of the other defendants.

The court found that the evidence in the plaintiff's affidavit was relevant and admissible for the purpose of rebutting the defence claim that they never offered to pay money to the plaintiff. The court reasoned that the affidavit's content was relevant to the issue of the third defendant's authority to settle on behalf of the other defendants, and it could be considered to determine whether the third defendant had acted as an agent for the other defendants in settling the District Court defamation actions. The court held that the evidence was admissible to rebut the defence's assertion that they never offered to pay any money to the plaintiff.

The court ultimately found that the third defendant had acted as an agent for the first and third to thirty-second defendants in settling the District Court defamation actions. The court granted the declaration sought by the plaintiff, stating that the third defendant had the authority to settle on behalf of the other defendants. The court did not make any further orders in relation to the settlement of the District Court defamation actions or any other matters.