WEN YUE HE v AUSTRALIAN CHINESE NEWSPAPERS PTY LIMITED. [2005] NSWSC 253

New South Wales Supreme Court

CITATION : WEN YUE HE v AUSTRALIAN CHINESE NEWSPAPERS PTY LIMITED. [2005] NSWSC 253

HEARING DATE(S) : 9 March 2005

JUDGMENT DATE : 9 March 2005

JURISDICTION : COMMON LAW

JUDGMENT OF : Greg James J at 1

DECISION : Evidence of republication by Plaintiff to Plaintiff's wife admissible to prove publication.

CATCHWORDS : Defamation - Publication - Publication by Plaintiff to Plaintiff's wife -whether natural and immediate consequence of original publication

LEGISLATION CITED : .

Toomey v John Fairfax & Sons Ltd (1985) 1 NSWLR 291 CASES CITED : Speight v Gosnay (1891) 60 LJQB 231 Derry v Handley (1867) 16 Law Times 264

PARTIES : WEN YUE HE v AUSTRALIAN CHINESE NEWSPAPERS PTY LIMITED.

FILE NUMBER(S) : SC No 20352 of 2005

Plaintiff: T Molomby, S C./ M Fraser COUNSEL : Defendant: R G McHugh

Plaintiff: Willis Lawyers SOLICITORS : Defendant: Corrs Chambers Westgarth Lawyers

LOWER COURT JURISDICTION :

- 2 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

GREG JAMES, J. WEDNESDAY 9 MARCH 2005 No. 20352 of 2003 WEN YUE HE v AUSTRALIAN CHINESE NEWSPAPERS PTY LIMITED.

JUDGMENT

1 HIS HONOUR: It was sought to ask the wife of the plaintiff how, following publication of the article complained of, it had come to her attention. It appeared from her evidence that it had come to her attention when her husband, the plaintiff, had brought the article and shown it to her. He has given evidence to this effect. In that context, the issue arose as to the relevance of what she saw in the article to the issues in this case.