Kang v Immigration News Pty Ltd [2016] NSWDC 74

District Court New South Wales

Medium Neutral Citation: Kang v Immigration News Pty Ltd [2016] NSWDC 74 Hearing dates: 28 April 2016 Date of orders: 03 May 2016 Decision date: 03 May 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Statement of claim struck out and dismissed. (2) Plaintiff pays such of the defendants' costs and disbursements as they are entitled to as litigants in person. Catchwords: TORT – defamation – application by defendants for summary dismissal – late application by plaintiff for adjournment of hearing – statement of claim inadequately pleaded, filed out of time and without leave pursuant to s 23 Defamation Act 2005 (NSW) – application for adjournment refused – proceedings dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 61 and 67 Defamation Act 2005 (NSW), s 23 Uniform Civil Procedure Rules 2005 (NSW), Pt 12 r 12.7 Cases Cited: Aon Risk Services Australia Limited v Australia National University [2009] HCA 27 Bleyer v Google Inc [2014] NSWSC 897 Carey v Australian Broadcasting Corporation (2010) 77 NSWLR 136 Ghosh v Ninemsn Pty Ltd [2015] NSWCA 334 Kang v Australian Broadcasting Corporation [2015] NSWSC 893; [2015] NSWCA 375 Knight v F P Special Assets Ltd (1992) 174 CLR 178 Nau v Kemp (2010) 77 NSWLR 687 Sali v SPC Ltd [1993] HCA 47 Category: Consequential orders (other than Costs) Parties: Plaintiff: Edward (Eddie) Kang First Defendant: Immigration News Pty Ltd Second Defendant: Carl Konrad Representation: Counsel: Plaintiff: Mr Goldsmith (solicitor) Defendants: Mr C Konrad