Cao v Liu [2013] NSWDC 8

District Court New South Wales

Medium Neutral Citation: Cao v Liu [2013] NSWDC 8 Hearing dates: 14 February 2013 Decision date: 14 February 2013 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The plaintiff is to file an amended statement of claim particularising identification, extrinsic facts and the persons to whom those extrinsic facts were known, as well as details of the publications set out in paragraph 3 of the statement of claim, in 14 days. (2) The plaintiff is to serve statements (limited to publication only) in 14 days. (3) Mr George Yu's application to appear on behalf of the defendant (his wife) is refused. (4) Matter stood over for further directions to Wednesday 13 March 2013 at 9:00am. (5) The parties are directed to approach the NSW Bar Association to enquire about mediation (Ms Liu may require legal advice regarding representation as well). Catchwords: PRACTICE AND PROCEDURE - defamation trial - application by defendant's husband for leave to appear for her as lay advocate at final hearing - exceptional nature of order sought - interests of justice - leave refused Legislation Cited: - Cases Cited: Chinese Australian Services Society Co-operative Ltd v Sham-Ho [2011] NSWSC 829 Damjanovic v Maley (2002) 55 NSWLR 149; (2002) 195 ALR 256; [2002] NSWCA 230 JP Morgan Trust Australia Ltd v Hammond [2012] NSWSC 213 Lazarus v Deutsche Lufthansa AG (1985) 1 NSWLR 188 Lee v Kim [2006] NSWCA 384 Markisic v AEA Ethnic Publishers Pty Ltd [2006] NSWCA 378 McKenzie v McKenzie [1971] P 33; [1970] 3 All ER 1034; [1970] 3 WLR 472 Ross v Hallam [2011] QCA 92 Teese v State Bank of New South Wales [2002] NSWCA 219 Texts Cited: Tobin & Sexton, Australian Defamation Law & Practice (LexisNexis Australia) Category: Interlocutory applications Parties: Plaintiff: Ping Cao Defendant: Shengrong Liu Representation: Plaintiff: Mr B Goldsmith (Solicitor) Defendant: Mr G Yu (Defendant's husband) Plaintiff: Goldsmith Lawyers Defendant: In person File Number(s): 2012/275052