The Sydney Cosmetic Specialist Clinic Pty Ltd (ACN 151 319 032) v Hu

The Sydney Cosmetic Specialist Clinic Pty Ltd (ACN 151 319 032) v Hu is a case concerning defamation that arose from comments made in a WeChat group over a one-day period. The proceedings involved multiple iterations of pleadings over three years, spanning both the Supreme and District Courts. The plaintiff, a cosmetic clinic, sought to hold the defendants responsible for defamatory comments made against it. The defendants argued that the plaintiff's particulars of identification were inadequate and that there were extrinsic facts that should be considered. The court was required to determine whether the plaintiff's particulars of identification and extrinsic facts were sufficient, and whether the defendants should be granted leave to amend their pleadings.

The court examined the adequacy of the particulars of identification and extrinsic facts provided by the plaintiff. It found that despite multiple opportunities over several years, the plaintiff had not sufficiently identified the defamatory statements or the individuals who made them. The court concluded that the particulars still needed revision, and that leave to amend should not be granted due to the lack of diligence and the repeated failures to comply with the court's directions. The court also found that the proceedings against the first and third defendants should be dismissed due to the failure to provide adequate particulars.

The court struck out the relevant parts of the plaintiff's pleadings, dismissing the proceedings against the first and third defendants. It ordered the plaintiff to pay the defendants' costs, with liberty to apply for further costs. The decision underscores the importance of providing clear and specific particulars in defamation cases and the consequences of failing to meet the court's directions over an extended period.