District Court
New South Wales
Medium Neutral Citation: Lee & Ors v Hwang & Ors; Hwang v Lee & Ors [2022] NSWDC 182 Hearing dates: 31 March and 20 May 2022 Date of orders: 30 May 2022 Decision date: 30 May 2022 Jurisdiction: Civil Before: Gibson DCJ Decision: Order:
(1) Applications by the plaintiffs in proceedings 2017/00307536 for the defence in those proceedings to be struck out and for the assessment of damages dismissed; the plaintiffs are to pay the defendants’ costs.
(2) Application by the defendants in proceedings 2018/00195738 for the statement of claim to be struck out is dismissed; the defendants are to pay the plaintiff’s costs.
(3) Liberty to the parties to approach the List Judge for allocation of a hearing date as a seven-day non-jury defamation trial of both proceedings 2017/00307536 and 2018/00195738, noting that the evidence in one is to be the evidence in the other of these proceedings.
Catchwords: TORT - defamation - application for summary dismissal of proceedings on the basis of belated discovery of a suspicious-looking screenshot and failure to comply with a self-executing order to provide four translations - application dismissed with costs
Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56 - 62, 67
Defamation Act 2005 (NSW) s 30
Uniform Civil Procedure Rules 2005 r 14.28
Cases Cited: Allen v Mathews [2007] EWCA Civ 216
Armin v Harbour Radio Pty Ltd [2018] NSWDC 321
Barakat v Goritsas [2012] NSWCA 8
Channel Seven Sydney Pty Ltd v Mahommed (2010) 278 ALR 232
Chong v CC Containers Pty Ltd (2015) 49 VR 402
Clark v State of New South Wales [2012] NSWCA 139
Douglas & Anor v John Fairfax & Sons Ltd [1983] 3 NSWLR 126
Hunt v Times Newspapers Pty Ltd [2013] EWHC 1868 (QB)
In the matter of Ji Woo International Education Centre Pty Limited (in liquidation) (deregistered) [2019] NSWSC 30
In the matter of Ji Woo International Education Centre Pty Ltd [2016] NSWSC 1060
In the matter of Ji Woo International Education Centre Pty Ltd [2019] NSWSC 93
Lunt v Victoria International Container Terminal Limited (No 2) [2019] FCA 1016
Massoud v Radio 2GB Sydney Pty Ltd & Ors [2021] NSWDC 336
Michaud v Stefanovski [2016] WASCA 85
Moroney v Zegers [2018] VSC 446
Nitopi v Nitopi [2021] NSWSC 669
Ovchinnikov v Russian Sports and Social Club Inc [2012] NSWSC 828
Palavi v Queensland Newspapers Pty Ltd [2011] NSWCA 264
Palavi v Radio 2UE Sydney Pty Ltd [2011] NSWCA 264
Pentridge Village Pty Ltd v CFMEU [2021] VSC 848
Powell v Boladz [2003] All E R 131
Powell v UK (2000) 30 EHRR CD 362
Raja v Van Hoogstraten [2002] All E R 74
Rinehart v Rinehart [2022] NSWCA 66
The Owners – Strata Plan 87265 v Saaib; Alexandrova v The Owners – Strata Plan 87265 [2022] NSWCA 63
Various…
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- Case
- [2022] NSWDC 182
- Decision Date
CaseChat Overview and Summary
The court found that the plaintiffs' proceeding should not be struck out as there was no basis to conclude that the defendants would not suffer injustice if the proceeding was not struck out. The court also found that the defendants' proceeding should not be struck out as the belated discovery of a suspicious-looking screenshot did not justify the dismissal of the proceeding. The court found that the plaintiffs' failure to comply with a self-executing order to provide four translations did not warrant the striking out of their proceeding. The court found that the defendants' proceeding should not be dismissed as the belated discovery of a suspicious-looking screenshot did not prejudice the defendants' case. The court dismissed both applications with costs, noting that the evidence in one proceeding was to be the evidence in the other.
Orders
Orders of the court
Order:
(1) Applications by the plaintiffs in proceedings 2017/00307536 for the defence in those proceedings to be struck out and for the assessment of damages dismissed; the plaintiffs are to pay the defendants’ costs.
(2) Application by the defendants in proceedings 2018/00195738 for the statement of claim to be struck out is dismissed; the defendants are to pay the plaintiff’s costs.
(3) Liberty to the parties to approach the List Judge for allocation of a hearing date as a seven-day non-jury defamation trial of both proceedings 2017/00307536 and 2018/00195738, noting that the evidence in one is to be the evidence in the other of these proceedings.
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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