Wan-Jen Sun v Hojunara International Group Pty Ltd [2013] NSWSC 2044

Supreme Court New South Wales

Medium Neutral Citation: Wan-Jen Sun v Hojunara International Group Pty Ltd [2013] NSWSC 2044 Hearing dates: 22 August 2013 Decision date: 22 August 2013 Jurisdiction: Common Law Before: Rothman J Decision: 1. Pursuant to the Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005, the Court makes an order that the orders issued by His Honour Justice Campbell on 26 July 2013 in this matter namely, Sun v Hojunara International Group Pty Ltd (2011/405938), be varied nunc pro tunc so that the date 5 August 2013 shall now read 9 August 2013; 2. As a matter of abundant caution, the Court also makes an order under s 58 of the Limitation Act 1969 and extends the limitation period mentioned in s 14B of that Act to 9 August 2013; 3. The plaintiffs' shall pay the defendants' costs of this motion as agreed or assessed. Catchwords: LIMITATION OF ACTIONS - defamation proceedings - limitation period for a corporation - joinder application - two directors of company Legislation Cited: Limitation Act 1969 (NSW) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cassar v Network Ten Pty Ltd [2012] NSWSC 680 Sun v Hojunara International Group (No 2) [2013] NSWSC 1050 Category: Interlocutory applications Parties: Wan-Jen Sun (First Plaintiff) Yueh-Chiu Sunpan (Second Plaintiff) Hojunara International Group Pty Ltd (First Defendant) Duk In Kim (Second Defendant) Dave Jeon (Third Defendant) Representation: Counsel: M. Seck (First and Second Plaintiff) B. Pierce (First Defendant) Self-represented (Second Defendant) No appearance (Third Defendant) Solicitors: File Number(s): 2011/405938 Publication restriction: None