The Sydney Cosmetic Specialist Clinic Pty Ltd v Hu (No 3) [2018] NSWSC 823

Supreme Court New South Wales

Medium Neutral Citation: The Sydney Cosmetic Specialist Clinic Pty Ltd v Hu (No 3) [2018] NSWSC 823 Hearing dates: 11 May 2018 Decision date: 11 May 2018 Jurisdiction: Common Law Before: McCallum J Decision: Leave granted to plaintiff pursuant to s 65(2)(b) of the Civil Procedure Act to correct the name of the fourth defendant to Qiong Yan; leave granted to plaintiff to file the proposed amended statement of claim served yesterday and, to the extent necessary, grant leave in that respect pursuant to section 65(2)(c) of the Civil Procedure Act, reserving the defendants' right to object to the form of that pleading. Catchwords: DEFAMATION – pleading – application to amend name of defendant – where plaintiff had difficulty identifying the user of a particular WeChat identifier Legislation Cited: Civil Procedure Act 2005 (NSW), ss 65(2)(b), 65(2)(c) Cases Cited: Bridge Shipping Pty Ltd v Grand Shipping SA (1991) 173 CLR 231; [1991] HCA 45 Category: Procedural and other rulings Parties: The Sydney Cosmetic Specialist Clinic Pty Ltd (first plaintiff) Dr Siew Yi Lee (second plaintiff) Richard Hu ("Yiwen Hu") (first defendant) Valgrow 1 Pty Ltd (trading as LJ Hooker Burwood) (second defendant) Lijue Ma (third defendant) Qiong Yan (fourth defendant) Representation: Counsel: A Spies (plaintiffs) First defendant self-represented W Bure (solicitor for the second defendant) O Jones (third defendant)