Cha v Oh (No. 23) [2009] NSWDC 336

New South Wales District Court

CITATION: Cha v Oh (No. 23) [2009] NSWDC 336

HEARING DATE(S): 11 December 2009

JUDGMENT DATE: 14 December 2009

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

Interest: (1) Vary order (3) of my judgment dated 8 December 2009 to read: "(3) Judgment for the plaintiff for a total of $303,834.09 against each of the second, fourth and fifth defendants for each of the following publications and in each of the following sums: (a) Judgment against the second defendant for the matter complained of dated 26 January 2001 in the sum of $30,000 plus interest of $7,979.26, making a total of $37,979.26; (b) Judgment against the second defendant for the matter complained of dated 9 February 2001 in the sum of $30,000 plus interest of $7,979.26, making a total of $37,979.26; (c) Judgment against the second defendant for the matter complained of dated 23 February 2001 in the sum of $30,000 plus interest of $7,979.26, making a total of $37,979.26; (d) Judgment against the second, fourth and fifth defendants for the matter complained of dated 1 March 2001 in the sum of $30,000 plus interest of $7,979.26, making a total of $37,979.26; (e) Judgment against the second, fourth and fifth defendants for the matter complained of dated 9 March 2001 in the sum of $20,000 plus interest of $5,319.51, making a total of $25,319.51; (f) Judgment against the second, fourth and fifth defendants for the matter complained of dated 16 March 2001 in the sum of $10,000 plus interest of $2,659.75, making a total of $12,659.75; (g) Judgment against the second defendant for the matter complained of dated 30 March 2001 in the sum of $50,000 plus interest of $13,298.77, making a total of $63,298.77; (h) Judgment against the fourth and fifth defendants for the matter complained of in Hojudonga dated 1 March 2001 in the sum of $15,000 plus interest of $3,989.63, making a total of 18,989.63; (i) Judgment against the fourth and fifth defendants for the matter complained of in Hojudonga dated 9 March 2001 in the sum of $10,000 plus interest of $2,659.75, making a total of $12,659.75; DECISION: (j) Judgment against the fourth and fifth defendants for the matter complained of in Hojudonga dated 16 March 2001 in the sum of $5,000 plus interest of $1,329.88, making a total of $6,329.88; (k) Judgment against the fourth and fifth defendants for the matters complained of in the Korean Herald dated 1, 9 and 16 March 2001 in the sum of $5,000, $3,000 and $2,000, plus interest of $1,329.88, $797.93 and $531.95 respectively, making a total of $12,659.76." Costs (1) Vary order (6) of my judgment of 8 December to provide that costs of these proceedings for the period 25 September to 12 December 2007 and for 23 March 2009 onwards are to be paid by the second defendant on an indemnity basis. (2) Otherwise dismiss the plaintiff's application for indemnity costs pursuant to s 48A. (3) I certify for representation of the plaintiff by two junior counsel. Stay of proceedings (4) The second defendant's application for a stay (including a stay in relation to legal costs) is granted, but upon compliance with the following steps: (a) The second defendant is to pay the plaintiff (or his solicitors, upon receipt of a signed Authority to Receive) the sum of $100,000.00 within twenty-eight (28) days of the date of making these orders, namely 14 December 2009; and, (b) The second defendant is to file a Holding Summons or Notice of Appeal within twenty-eight days of the date of making these orders, namely 14 December 2009; and, (c) The second defendant undertakes to the court to commence and prosecute the appeal in these proceedings expeditiously. (5) In the event of any failure to comply with any of the above steps, the plaintiff has liberty to apply on 2 days notice to have the stay revoked. (6) The fourth defendant's application for a stay is granted, including a stay of any claim for legal costs.