Kim v The Korean Times Pty Ltd & Anor [2013] NSWDC 229

District Court New South Wales

Medium Neutral Citation: Kim v The Korean Times Pty Ltd & Anor [2013] NSWDC 229 Hearing dates: 15 November 2013 Decision date: 15 November 2013 Before: Gibson DCJ Decision: (1) The Korean Times Pty Ltd and Mr Nam called outside Court 13D three times at 9:37am - No appearance. (2) Mr Joshua Nam called outside Court 13D three times at 9:37am - No appearance. (3) Grant leave to the plaintiff to file in court correspondence to both defendants. (4) Noting the continued failure of the defendants in 2011/88507 and the defendant in 2012/188657 to comply with orders to file a defence, or to appear in court, a self-executing order for any defence to be filed by 4:00pm Wednesday 20 November 2013, noting that failure to comply will result in entry of judgment for the plaintiff, with liberty to apply for an assessment hearing on damages. (5) The plaintiff is to notify The Korean Times Pty Ltd by fax by 5:00pm today of these orders, and to notify Mr Nam by forwarding a letter to him by close of business today. (6) Set aside the orders made by Elkaim SC DCJ on 30 November 2012 for these matters to be consolidated or otherwise heard together. (7) Matter stood over before Gibson DCJ on Thursday 21 November 2013 at 9:30, when if no defence has been filed, judgment will be entered and the plaintiff may apply to the List Judge for a hearing date for assessment of damages. Catchwords: TORT - defamation - plaintiff commences proceedings for defamation against a newspaper and publisher - proceedings listed 31 times for directions - defendants fail to comply with a series of orders to file a defence - peremptory order to file defence made Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 and 61 Uniform Civil Procedure Rules 2005 (NSW), r 12.7 Cases Cited: Altarama Ltd v Forsyth [1981] 1 NSWLR 188 Fairey v Fairey (No 2) [2000] NSWCA 173 Hoser v Hartcher [1999] NSWSC 527 Lemoto v Able Technical Pty Ltd (2005) 63 NSWLR 300 Pacanowski v Wakerman [2009] NSWCA 402 Rivera v State of New South Wales [2012] NSWSC 1360 Texts Cited: - Category: Procedural and other rulings Parties: Plaintiff: Tae Hong Kim First Defendant: The Korean Times Pty Ltd Second Defendant: Joshua Nam Representation: Plaintiff: Mr W Van Ede Defendants: No appearance Plaintiff: Emil Ford Lawyers Defendants: No appearance File Number(s): 2011/88507 Publication restriction: None