Hue v The Vietnamese Herald Pty Ltd [2009] NSWSC 1292

New South Wales Supreme Court

CITATION : Hue v The Vietnamese Herald Pty Ltd [2009] NSWSC 1292

HEARING DATE(S) : 19 November 2009

JUDGMENT DATE : 27 November 2009

JURISDICTION : Common Law

JUDGMENT OF : McCallum J

DECISION : (1) Imputations 10(iv), 12(ii) and 14(i), (iii) and (v) are struck out. (2) I grant leave to the plaintiff to file a further amended statement of claim in accordance with these reasons.

CATCHWORDS : DEFAMATION – interlocutory application – whether imputations pleaded by plaintiff are reasonably capable of being conveyed by the matter complained of

CATEGORY : Procedural and other rulings

CASES CITED : Favell v Queensland Newspapers Pty Limited [2005] HCA 52 Mayfield-Smith v Mirror Newspapers (1982) 2 NSWLR 419

Thich Nhu Hue (Plaintiff) The Vietnamese Herald Pty Ltd (1st Defendant) Loc Van Nguyen (2nd Defendant) PARTIES : Thi Thanh Son Nguyen (3rd Defendant) Anh Dung Le (4th Defendant) Xiem Van Bui (5th Defendant) Ty Van Nguyen (6th Defendant)

FILE NUMBER(S) : SC 20396/09

Mr C Dibb (Plaintiff) COUNSEL : Mr R Brender (1st & 4th Defendants) Mr R Glasson (2nd & 3rd Defendants)

Ledinh Lawyers (Plaintiff) SOLICITORS : Than & Co (1st & 4th Defendants) Kennedys (2nd & 3rd Defendants)

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

McCALLUM J

27 NOVEMBER 2009

20396/09 THICH NHU HUE v THE VIETNAMESE HERALD PTY LTD

JUDGMENT 1 HER HONOUR: These are proceedings for defamation commenced by Thich Nhu Hue arising out of a series of articles concerning his conduct as a Buddhist monk. The application before the Court concerns objections raised by some of the defendants as to the manner in which the plaintiff has pleaded his claim in an amended statement of claim filed on 4 September 2009.