Sum Yuen v Justin Yat-kun Chan [2018] NSWDC 274

District Court New South Wales

Medium Neutral Citation: Sum Yuen v Justin Yat-kun Chan [2018] NSWDC 274 Hearing dates: 25 June 2018 – 27 June 2018 Decision date: 27 September 2018 Jurisdiction: Civil Before: Mahony SC DCJ Decision: Verdict for the defendant. For Orders see [138] Catchwords: Defamation; Words spoken at meetings held by incorporated association; defence of qualified privilege upheld Legislation Cited: Defamation Act 2005 Cases Cited: Amalgamated Television Services Pty Limited v Marsden (1998) 43 NSWLR 158 Enders v Erbas & Associates Pty Limited [2014] NSWCA 70 Gross v Western [2007] 69 NSWLR 279 Guise v Kouvelis (1946) SR (NSW) 419 Horrocks v Lowe [1975] AC 135 Lindholdt v Hyer (2008) 251 ALR 514 Radio 2UE Sydney Pty Limited v Chesterton (2009) 238 CLR 460 Roberts v Bass [2002] 212 CLR 1 Texts Cited: Gatley on Liable and Slander 12th Ed Category: Principal judgment Parties: Sum Yuen (Plaintiff) Justin Yat-kun Chan (Defendant) Representation: Counsel: R Potter with H Elachkar (Plaintiff) R Rasmussen (Defendant)

Solicitors: Rydge Evans Lawyers Pancific Legal File Number(s): 16/45042 Publication restriction: Nil

Judgment

The plaintiff's claim 1. By a Further Amended Statement of Claim ("FASOC") filed on 13 October 2016, the plaintiff claims damages, including aggravated damages, interest and costs for defamation which he said occurred when the defendant published defamatory statements of the plaintiff at two meetings of an incorporated association known as Goon Yee Tong ("GYT") on 15 September 2015 and on 13 December 2015. GYT was formed well over a century ago as an unincorporated association for the purpose of providing welfare and assistance to individuals and their families originally from the Chinese county of Dongguan, within the province of Guangdong.