Cheng v Pan; Cheng v Zhou [2022] NSWCA 21

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cheng v Pan; Cheng v Zhou [2022] NSWCA 21 Hearing dates: 29 October 2021 Date of orders: 24 February 2022 Decision date: 24 February 2022 Before: Basten JA at [1]; Payne JA at [2] ; Simpson AJA at [3] Decision: Appeal 2021/54620 1. Appeal dismissed. 2. The appellant to pay the respondents' costs. Appeal 2021/54621 1. Appeal dismissed. 2. The appellant to pay the respondent's costs. Catchwords: DEFAMATION – defamatory matter – series of letters published conveying defamatory imputations – inference that all of the letters were published by the same person – whether the appellant the publisher of any or all of the letters DEFAMATION – remedies – where primary judge awarded general and aggravated damages – whether primary judge's assessment of damages was excessive – whether respondents entitled to award of aggravated damages COSTS – party/party – whether costs should be assessed on an indemnity basis 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, 36, 39, 40 Evidence Act 1995 (NSW), s 136 Limitation Act 1969 (NSW), s 14B Supreme Court Act 1970 (NSW), ss 75A, 101 Cases Cited: Expectation Pty Ltd v PRD Realty Pty Ltd (2004) 140 FCR 17; [2004] FCAFC 189 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Krivoshev v Royal Society for the Prevention of Cruelty to Animals Inc [2005] NSWCA 76 Monie v The Commonwealth (2005) 63 NSWLR 729; [2005] NSWCA 25 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 470; [2005] HCA 77 Pan v Cheng; Zhou v Cheng [2021] NSWSC 30 R v Maxwell (1998) 217 ALR 452 Category: Principal judgment Parties: 2021/54620 Jie Cheng (Appellant) Henry Pan (1st Respondent) Chinese Australian Services Society Ltd (2nd Respondent)