NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Ha v Kang [2015] NSWDC 211 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, the plaintiff to replead imputation 6(b) as an imputation of "reasonable suspicion" (Sergi v Australian Broadcasting Commission [1983] 2 NSWLR 669). (3) Pursuant to UCPR r 14.28, grant leave to the plaintiff to replead imputations 6(c) and 6(d). (4) Plaintiff pay defendant's costs. (5) Plaintiff's amended statement of claim in 7 days. (6) Defence 21 days thereafter. (7) Matter stood over for further directions to Thursday 8 October 2015. Catchwords: TORT – defamation – form of imputations – matter complained of a slander – capacity of imputations to be determined at the trial Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.28, 28.3 Cases Cited: Sergi v Australian Broadcasting Commission [1983] 2 NSWLR 669 Category: Procedural and other rulings Parties: Plaintiff: Jim Jeeu Ha Defendant: Dae Won Kang Representation: Counsel: Plaintiff: Mr M K Rollinson Defendant: Mr M Richardson
Solicitors: Plaintiff: Teddington Legal Defendant: Hayashi & Hong Lawyers File Number(s): 2015/118388 Publication restriction: None
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