Ha v Cho [2015] NSWDC 169

District Court New South Wales

Medium Neutral Citation: Ha v Cho [2015] NSWDC 169 Hearing dates: 13 August 2015 Date of orders: 13 August 2015 Decision date: 13 August 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Statement of Claim struck out with leave to replead. (2) Matter stood over to the Defamation List on Thursday 17 September 2015 at 9:00am (imputations argument). (3) Costs of the imputation argument are reserved. (4) Grant leave to the plaintiff to file a Second Further Amended Statement of Claim in 14 days. (5) Plaintiff to pay the first defendant's costs of the application to strike out the statement of claim (including the prior applications) on an indemnity basis. Catchwords: TORT - defamation - nature and extent of liability for publication of statements to a journalist - claim against first defendant for publication of certain statements in their republished form in a newspaper article rather than for the words he spoke to the journalist - publication struck out with leave to replead Cases Cited: Bracks v Smyth-Kirk [2009] NSWCA 401 Dank v Cronulla Sutherland District Rugby League Football Club Ltd [2014] NSWCA 288 Day v Harness Racing New South Wales [2015] NSWSC 836 De Jong v Victoria [2006] VSC 274 Hyprescon Inc v Ipex Inc [2007] OJ No. 1327 Kaiser v George Laurens (NSW) Pty Ltd [1980] 1 NSWLR 294 Sims v Wran [1984] 1 NSWLR 317 Zeccola v Fairfax Media Publications Pty Ltd (No 3) [2015] NSWSC 1007 Texts Cited: R Brown, Brown on Defamation (Canada, United Kingdom, Australia, New Zealand, United States), Second Edition (Carswell) Category: Procedural and other rulings Parties: Plaintiff: Jim Jeeu Ha First Defendant: Kiu Nam Cho Second Defendant: The Hoju Hankook Ilbo Pty Ltd Third Defendant: Jik Soon Koh Representation: Counsel: Plaintiff: Mr M K Rollinson First Defendant: Mr M Richardson Second and Third Defendants: Mr R Rasmussen