NSW Caselaw
New South Wales Supreme Court
CITATION : Kim v Lee & Ors (No 2) [2006] NSWSC 1212
HEARING DATE(S) : 13/11/06, 14/11/06 JUDGMENT OF : Gzell J
EX TEMPORE JUDGMENT DATE : 11/13/2006
DECISION : Evidence struck out agaisnt 1st and 2nd and 4th to 32nd defendants. Evidence admitted against 3rd defendant but hearsay admitted solely as evidence that conversations took place but not as to truth of representations therein.
CATCHWORDS : EVIDENCE - Admissiibility 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 conversations between plaintiff and 3rd defendant - Only evidence of actual or ostensible authority of 3rd defendant were statements by him and a signed document authorising him as representative for the purposes of one District Court proceeding only - Whether evidence admissible against 1st and 2nd and 4th to 32nd defendants - Alternative plea for declaration that 3rd defendant agreed to pay the plaintiff and agreed to indemnify for any damages awarded in District Court proceedings - Whether evidence admissible against 3rd defendant
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
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