Pan v Cheng; Zhou v Cheng [2021] NSWSC 30

Supreme Court New South Wales

Medium Neutral Citation: Pan v Cheng; Zhou v Cheng [2021] NSWSC 30 Hearing dates: 16 – 18 October, 1 November 2019 Decision date: 01 February 2021 Jurisdiction: Common Law Before: Rothman J Decision: In proceedings 2018/218713; Henry Pan & Chinese Australian Services Society Ltd v Jie Cheng: (1) Judgment for the plaintiffs; (2) The defendant shall pay the first plaintiff, Henry Pan, damages, including aggravated damages, in the amount of $285,000; (3) The defendant shall pay the second plaintiff, the Chinese Australian Services Society Ltd, damages, including aggravated damages, of $150,000; (4) The defendant shall pay interest on the foregoing damages, calculated at 2%, from 1 January 2017 until the date of judgment; (5) The defendant shall pay interest on the aforesaid damages, being post-judgment interest, at the prescribed rate, pursuant to s 101 of the Civil Procedure Act 2005 (NSW); (6) Pursuant to s 40 of the Defamation Act 2005 (NSW), the defendant shall pay the first and second plaintiffs their costs of and incidental to the proceedings, assessed on an indemnity basis. In proceedings 2018/340360 Bo Zhou v Jie Cheng: (7) Judgment for the plaintiff; (8) The defendant shall pay the plaintiff damages, including aggravated damages, in the amount of $200,000; (9) The defendant shall pay interest on the foregoing damages, calculated at 2%, from 1 January 2017 until the date of judgment; (10) The defendant shall pay interest on the aforesaid damages, being post-judgment interest, at the prescribed rate, pursuant to s 101 of the Civil Procedure Act 2005 (NSW); (11) Pursuant to s 40 of the Defamation Act 2005 (NSW), the defendant shall pay the plaintiff his costs of and incidental to the proceedings, assessed on an indemnity basis. In both matters: (12) The defendant shall be enjoined and restrained from distributing or publishing (or repeating publication or continuing to publish), in hard copy or in soft copy, any document, including a letter, or publication or posting on the internet or on social media any article, advertisement, document, description, audio or video recording, photograph, depiction, image or picture referring to Henry Pan, Bo Zhou and/or the Chinese Australian Services Society Ltd and imputing or implying any imputation pleaded in either or both proceedings 2018/218713 or 2018/340360 about or concerning Henry Pan, the Chinese Australian Services Society Ltd and/or Bo Zhou; (13) The parties in each matter have liberty to deal with the form of any orders proposed, the question of interest and the question of costs by the making of any different, special or other order as to any and all of the foregoing. Such application shall be made by email, directly to the Associate to Rothman J, with a copy to each other party accompanied by a submission and/or evidence not exceeding five pages. Such application may be made within 14 days of the date of this judgment. Any other party affected by any such application may respond by submission of no more than five pages within a further 14 days. Catchwords: DEFAMATION – determination of identity of publisher of material – material defamatory – damages awarded – need for injunctive relief – permanent injunction issued. Legislation Cited: Australian Charities and Not-for-profits Commission Act 2012 (Cth) Civil Procedure Act 2005 (NSW), s 101 Defamation Act 2005 (NSW), ss 9, 34, 35, 37, 40 Supreme Court Act 1970 (NSW), ss 23, 66 Cases Cited: Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158; [1998] NSWSC 4 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Carson v John Fairfax & Sons Ltd (1978) 178 CLR 44; [1993] HCA 31 Fabre v Arenales (1992) 27 NSWLR 437 Greek Herald Pty Ltd v Nikolopoulos (2001) 54 NSWLR 165; [2002] NSWCA 41 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Mirror Newspapers Ltd v World Hosts Pty Ltd (1979) 141 CLR 632; [1979] HCA 3 Rogers v Nationwide News Pty Ltd (2003) 216 CLR 327; [2003] HCA 52 Category: Principal judgment Parties: 2018/218713: Henry Pan (First Plaintiff) Chinese Australian Services Society Limited (Second Plaintiff) Jie Cheng (Defendant)