Kim v Lee & Ors (No 3) [2006] NSWSC 1213

New South Wales Supreme Court

CITATION : Kim v Lee & Ors (No 3) [2006] NSWSC 1213

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

EX TEMPORE JUDGMENT DATE : 11/14/2006

DECISION : Leave to file amended statement of claim refused.

CATCHWORDS : PROCEDURE - Miscellaneous Procedural Matters - Amendments - Declaration sought that 3rd defendant as agent for 1st to 32nd defendants settled District Court defamation proceedings - Alternatively, declaration that 3rd defendant agreed to pay plainitff and indemnify him for any damages awarded in District Court proceedings - Alternatively declaration that 2nd defendant as agent for 1st and 3rd to 32nd defendants later settled District Court proceedings - Alternatively declaration that 2nd defendant later agreed to pay plaintiff and indemnify him for damages awarded in District Court proceedings - Application at close of oral evidence in plaintiff's case to amend statement of claim to seek damages for breach of warranty of authority agaisnt 3rd and 2nd defendants - Whether 3rd and 2nd defendants in conflict with other defendants requiring separate representation - Whether defedant prejudiced by limiting cross examination on striking out of materail in plaintiff's affidavits - Whether prejudice from long delay before a resumed date of trial - Whether prejudice could be compensated by a costs order

LEGISLATION CITED : Civil Procedure Act 2005

CASES CITED : Queensland v J L Holdings Pty Ltd (1996-1997) 189 CLR 146

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