Tu v Chang (No. 2)

[2018] NSWDC 316

District Court

New South Wales

Medium Neutral Citation:	Tu v Chang (No. 2) [2018] NSWDC 316
Hearing dates:	25 October 2018
Date of orders:	25 October 2018
Decision date:	29 October 2018
Jurisdiction:	Civil
Before:	Gibson DCJ
Decision:	(1) Strike out the defence of justification to imputation 3(e). (2) Amended defence in 7 days deleting the defence of justification to imputation 3(e). (3) Defendants pay plaintiff’s costs of and incidental to this application on an indemnity basis. (4) The defendants’ category of discovery documents by 8 November 2018. (5) Matter stood over to the Defamation List on Thursday 15 November 2018.
Catchwords:	TORT – defamation – defendants justify one of five imputations but provide particulars acknowledged to be deficient despite three successive pleadings – whether defence of justification should be struck out – whether leave to amend should be granted – defence struck out without leave to replead being permitted
Legislation Cited:	Associations Incorporation Act 2009 (NSW), ss 30A, 33 and 40 Civil Procedure Act 2005 (NSW), ss 56 – 62 Defamation Act 2005 (NSW), ss 25, 26, 30, 31 and 33 Uniform Civil Procedure Rules 2005 (NSW), r 14.28
Cases Cited:	Brooks v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 1331 Church of the New Faith Inc v Bower (1977) 18 SASR 554 Crosby v Kelly [2013] FCA 1343 Devereaux v Clarke & Co [1891] 2 QB 582 Hickinbotham v Leach (1842) 152 ER 510 Hyer v Cabbie Pty Limited and Another [2007] NSWSC 795 Kingsfield Holdings Pty Ltd v Sullivan Commercial Pty Ltd [2013] WASC 347 Minus v Harbour Radio Pty Ltd [2017] NSWSC 191 Rush v Nationwide News Pty Ltd [2018] FCA 357 Sims v Wran [1984] 1 NSWLR 317 Vakras v Cripps [2015] VSCA 193 Wing v Australian Broadcasting Corp [2018] FCA 1340 Wing v Fairfax Media Publications Pty Ltd (2017) 255 FCR 61 Wootton v Sievier [1913] 3 KB 499 Zierenberg v Labouchere [1893] 2 QB 183
Texts Cited:	Brown on Defamation in Canada, United Kingdom, Australia, New Zealand and the United States (Thomson Reuters) Tobin & Sexton, Australian Defamation Law and Practice (LexisNexis)
Category:	Procedural and other rulings
Parties:	Plaintiff: Zhen Tu First Defendant: Qing Chang (known as Juliette Chang) Second Defendant: Chaohui Cui Fifth Defendant: Mingwu Jin
Representation:	Counsel: Plaintiff: Mr R Potter Defendants: Mr W Calokerinos   Solicitors: Plaintiff: Spencer & Co Legal Defendants: Ren Zhou Lawyers
File Number(s):	2017/308060
Publication restriction:	None

Judgment

1. The plaintiff by statement of claim filed on 6 October 2017 brings proceedings for defamation for publication of a letter dated 8 October 2016 sent by the defendants to members of the Australian Xinjiang Chinese Association on WeChat. The publication, which was in the Chinese language, was pleaded to convey the following imputations:

1. The plaintiff has stolen substantial sums of money from the Association (paragraphs 3-23 and 30);

2. The plaintiff is reasonably suspected of stealing substantial sums of money from the Association (paragraphs 3-23 and 30);

3. The plaintiff abused his position as Chairman of the Association to…