Kim v Lee & Ors [2006] NSWSC 1211

New South Wales Supreme Court

CITATION : Kim v Lee & Ors [2006] NSWSC 1211

HEARING DATE(S) : 13/11/06, 14/11/06 JUDGMENT OF : Gzell J

EX TEMPORE JUDGMENT DATE : 11/13/2006

DECISION : Evidence of earlier unsuccessful attempts to settle struck out.

CATCHWORDS : EVIDENCE - Admissibility and Relevancy - Declaration sought that 3rd defendant as agent for 1st and 3rd to 32nd defendants settled District Court defamation actions - Affidavit of plaintiff contained details of earlier unsuccessful attempt to settle the District Court proceedings - Whether admissible in absence of any evidence that person had any authority to negotiate on behalf of defendants - Whether admissible to rebut defence claim that they never offered to pay money to plaintiff

Chung-Yup Kim - Plaintiff Jae Kyung Lee - 1st Defendant Mi Jin Lee - 2nd Defendant Yun Hwa Lee - 3rd Defendant Woon Tack Sim - 4th Defendant Young Sun Park - 5th Defendant Jin Soo Kang - 6th Defendant Tae Hwa Lee - 7th Defendant Tae Hong Kim - 8th Defendant In Guk Kim - 9th Defendant Jae Kuk Cho - 10th Defendant Bok Kil Lee - 11th Defendant Sang Ki Jin - 12th Defendant Seung Yeul Park - 13th Defendant Ho Sung Lee - 14th Defendant Jong Sang Ahn - 15th Defendant PARTIES : Sung Ho Kim - 16th Defendant Bo Young Woo - 17th Defendant Seok Ro Baek - 18th Defendant Bae Jin Han - 19th Defendant Kang Woo Lee - 20th Defendant Hyung Gu Choi - 21st Defendant Hak Joo Park - 22nd Defendant Sang Doo Ok - 23rd Defendant Hye Ryun Lee - 24th Defendant Bong Jae Sin - 25th Defendant Yun Sik Hong - 26th Defendant Sang Min Lee - 27th Defendant Geun Choi - 28th Defendant Yeon Hyung Lee - 29th Defendant Ki Seon Lee - 30th Defendant Myung Ho Park - 31st Defendant Nae Yeon Mun - 32nd Defendant