NSW Caselaw
New South Wales Supreme Court
CITATION : Chan v Perry [2009] NSWSC 1293
HEARING DATE(S) : 19 November 2009
JUDGMENT DATE : 27 November 2009
JURISDICTION : Common Law
JUDGMENT OF : McCallum J
DECISION : (1) Pursuant to rule 13.4(1) of the UCPR, the proceedings are dismissed. (2) The plaintiff is to pay the defendant's costs of the proceedings.
CATCHWORDS : PROCEDURE – application to have proceedings dismissed pursuant to rule 13.4(1) UCPR – conspiring to injure – conspiracy – defamation – failure by plaintiff to identify in pleading the material facts relied upon – mere speculation – proceedings dismissed
LEGISLATION CITED : Defamation Act 2005 Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
Australian Broadcasting Corporation v Obeid [2006] NSWCA 231; (2006) 66 NSWLR 605 Chan v Reynolds; Chan v Department of Housing & Anor [2009] NSWSC 792 CASES CITED : East-West Airlines (Operations) Ltd v Commonwealth (1983) 57 ALJR 783 Favell v Queensland Newspapers Pty Limited [2005] HCA 52 Gordon v Amalgamated Television Services [1980] 2 NSWLR 410 Hamod v State of New South Wales (No 12) [2009] NSWSC 242
PARTIES : Yau Hang CHAN (Plaintiff) Barbara PERRY (Defendant)
FILE NUMBER(S) : SC 20551/08
COUNSEL : In Person (Plaintiff) Mr M Lynch (Defendant)
SOLICITORS : Crown Solicitors (Defendant)
- 17 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
McCALLUM J
27 NOVEMBER 2009
20551/08 Yau Hang CHAN v Barbara PERRY
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