Ha v Cho (No. 2) [2015] NSWDC 210

District Court New South Wales

Medium Neutral Citation: Ha v Cho (No. 2) [2015] NSWDC 210 Hearing dates: 10 September 2015 Date of orders: 10 September 2015 Decision date: 10 September 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Note the parties' agreement that issues of capacity are reserved to the trial, as these are proceedings for slander. (2) Pursuant to UCPR r 14.28, imputation (b) be repleaded as a fall-back to imputation (a). (3) Plaintiff pay defendants' costs. (4) Plaintiff's amended statement of claim in 7 days. (5) Defences 21 days thereafter. (6) Matter stood over for further directions to Thursday 8 October 2015. Catchwords: TORT – defamation – slander – form of imputations –fall-back imputations Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 14.28 Cases Cited: Baboolal v Fairfax Digital Australia and New Zealand Pty Ltd [2015] QSC 196 Ha v Cho [2015] NSWDC 169 Harvey v John Fairfax Publications Pty Ltd [2005] NSWCA 255 Hockey v Fairfax Media Publications Pty Limited [2015] FCA 652 Hockey v Fairfax Media Publications Pty Ltd (No 2) [2015] FCA 750 Provost v John Fairfax Group Pty Ltd (Supreme Court of New South Wales, Levine J, 18 September 1998) 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