Yuen v Chan [2016] NSWDC 157

District Court New South Wales

Medium Neutral Citation: Yuen v Chan [2016] NSWDC 157 Hearing dates: On the papers Date of orders: 04 August 2016 Decision date: 04 August 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Imputations 9.1, 9.12, 13.4, 13.7, 13.9, 13.15, 13.16, 13.17. 13.19 will go to the jury. (2) Imputations 9.3, 9.6, 9.7, 9.13, 9.15, 13.3, 13.18, 13.20 are struck out. (3) Imputations 9.2, 9.4, 9.5, 13.1 and 13.8 are struck out with leave to replead. (4) Imputations 13.2, 13.5 and 13.6 are struck out with leave to replead as one imputation. (5) Imputations 13.10, 13.11 and 13.12 are struck out with leave to replead as one imputation. (6) Imputations 13.13 and 13.14 are struck out with leave to replead as one imputation. (7) Costs reserved. (8) The plaintiff is to file and serve an Amended Statement of Claim in 14 days. (9) Matter stood over for further directions in the Defamation List on Thursday 25 August 2016. Catchwords: TORT – imputations – form and capacity Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.28 and 28.2 Cases Cited: Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Favell v Queensland Newspapers Pty Ltd (2005) 221 ALR 18 Morris v Newcastle Newspapers Pty Ltd (Supreme Court of New South Wales, Hunt J, 28 March 1985) Singleton v Ffrench (1986) 5 NSWLR 425 Category: Procedural and other rulings Parties: Plaintiff: Sum Yuen Defendant: Justin Yat-Kun Chan Representation: Counsel: Plaintiff: Mr M Karam Defendant: Mr R Rasmussen