Gim v Byeon [2017] NSWDC 136

District Court New South Wales

Medium Neutral Citation: Gim v Byeon [2017] NSWDC 136 Hearing dates: 30 and 31 March 2017; 26 April 2017;1 June 2017 Date of orders: 08 June 2017 Decision date: 08 June 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Judgment for the defendant. (2) Costs reserved with liberty to apply. (3) Exhibits retained until further order. Catchwords: TORT – defamation – slander – journalist has conversation with the defendant (a restaurant proprietor) after giving his lunch order and while waiting for his meal to arrive – whether the defendant published the words of and concerning the plaintiff as attributed to him in the matter complained of – whether the defendant was liable for republication of the matter complained of at a lunch the journalist had with friends at another restaurant five days later – claims for publication and republication fail – judgment for defendant Legislation Cited: Defamation Act 2005 (NSW), ss 34 and 40 Cases Cited: Allen v Lloyd-Jones (No 6) [2014] NSWDC 40 Jones v Dunkel (1959) 101 CLR 298 Jones v Sutton (2004) 61 NSWLR 614 Jones v Sutton (No 2) [2005] NSWCA 203 Luke v Richardson [2014] WADC 27 McGlen-McLeod v Galloway [2012] NSWCA 368 Milne v Ell [2017] NSWSC 555 Richards v State of New South Wales [2004] VSC 198 Ritson v Burns [2014] NSWSC 272 Sims v Wran [1984] 1 NSWLR 317 Speight v Gosnay (1891) 60 LJQB 231 Slipper v British Broadcasting Corporation [1991] 1 QB 283 Timms v Clift [1998] 2 Qd R 100 Thornton v Telegraph Media Group Ltd [2011] EWHC 1884 (QB) Umeyor v Ibe [2016] EWHC 862 Texts Cited: R. Parkes QC, A. Mullis, G. Busuttil, A. Speker & A. Scot, Gatley on Libel and Slander (Sweet & Maxwell, United Kingdom, 12th ed.) Category: Principal judgment Parties: Plaintiff: Ick Hee Gim Defendant: Jong Yoon Byeon Representation: Counsel: Plaintiff: Mr M Rollinson Defendant: Mr J R Young