Park v Kim

[2019] NSWDC 609

District Court

New South Wales

Medium Neutral Citation:	Park v Kim [2019] NSWDC 609
Hearing dates:	17 October 2019
Date of orders:	31 October 2019
Decision date:	31 October 2019
Jurisdiction:	Civil
Before:	Gibson DCJ
Decision:	(1) Pursuant to r 28.2 Uniform Civil Procedure Rules 2005 (NSW), imputations 7(a) to 7(f) struck out as not reasonably capable of being conveyed. (2) Leave to replead refused. (3) Statement of claim struck out and dismissed pursuant to r 28.4 Uniform Civil Procedure Rules 2005 (NSW). (4) Plaintiff pay defendant’s costs. (5) Liberty to apply in relation to costs.
Catchwords:	TORT – defamation – church bulletin setting out parish affairs refers to “intensive discussion” about the plaintiff’s position on the Management Committee being the subject of a forthcoming meeting – capacity of imputations – application for summary dismissal on the basis of no defamatory meaning – proceedings struck out and dismissed pursuant to UCPR r 28.4
Legislation Cited:	Uniform Civil Procedure Rules 2005 (NSW), rr 28.2 and 28.4
Cases Cited:	Barrow v Herald & Weekly Times Ltd [2015] VSC 263 Berezovsky & Anor v Forbes Inc & Anor [2001] EWCA Civ 1251 Bik v Mirror Newspapers Ltd [1979] 2 NSWLR 679 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Crampton v Nugawela (1996) 41 NSWLR 176 Darby v Oxford University Press [2000] NSWSC 948 Hill v Church of Scientology of Toronto [1995] 2 SCR 1130 NHB Enterprises Pty Ltd (t/as Bova Compounding) v Sydney Magazine Publishers Pty Ltd [2013] NSWSC 1163 Robertson v Newquest (Sunday Herald) Ltd & Ors [2006] CSOH 97 Sali v Australian Broadcasting Corporation [2013] VSC 388 Sergi v Australian Broadcasting Commission [1983] 2 NSWLR 669 Trkulja v Google LLC [2018] HCA 25 Wagner v Harbour Radio Pty Ltd [2018] QSC 201
Category:	Principal judgment
Parties:	Plaintiff: Hee Yeul Park Defendant: Beom Seok Kim
Representation:	Counsel: Plaintiff: Mr J Manner Defendant: Mr T Senior   Solicitors: Plaintiff: Jacobs Legal Defendant: MinterEllison
File Number(s):	2019/231070
Publication restriction:	None

Judgment

1. This is an application pursuant to r 28.4 Uniform Civil Procedure Rules 2005 (NSW) (“UCPR”) for summary dismissal of proceedings for defamation commenced by statement of claim filed on 19 July 2019. In the alternative, the defendant challenges the capacity of all imputations pleaded pursuant to UCPR r 28.2.

The matter complained of and imputations

2. The matter complained of is an extract from a church bulletin which is headed “Today’s Sermon”. Although four publications are pleaded, these are essentially the same, as these relates to the services held at four different times, as follows:

1. The first matter complained of – 8am on 7 April 2019;

2. The second matter complained of – 10am on 7 April 2019;

3. The third matter complained of – 12pm on 7 April 2019; and

4. The fourth matter complained of – 7 April 2019 at a time which is not particularised.

3. The matter complained of was published in the Korean language. The agreed English translation of the matter complained of is as follows:

1 10. Appeal…