Kim v The Korean Times Pty Ltd & Anor [2013] NSWDC 230

District Court New South Wales

Medium Neutral Citation: Kim v The Korean Times Pty Ltd & Anor [2013] NSWDC 230 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 the defendant. (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. (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 - repeated failures to file defence - peremptory order to file defence made Legislation Cited: Defamation Act 2005 (NSW), s 23 Uniform Civil Procedure Rules 2005 (NSW), Pt 13 r 13.4 Cases Cited: - 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): 2012/188657 Publication restriction: None