Cao v Horan [2018] NSWDC 295

District Court New South Wales

Medium Neutral Citation: Cao v Horan [2018] NSWDC 295 Hearing dates: 7 June 2018 Date of orders: 07 June 2018 Decision date: 17 October 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) First defendant's application to strike out the particulars of special damages and the Andrews claim is dismissed. (2) First defendant to pay plaintiffs' costs of the application. (3) Gibson DCJ to provide reasons for decision on a later date. (4) First defendant granted leave to file and serve an Amended Defence on or before 14 June 2018. (5) First defendant to pay the plaintiffs' costs thrown away occasioned by the Amended Defence. (6) Time for the parties to attempt to agree on categories of documents and interrogatories, be extended to on or before 6 July 2018. (7) Pursuant to r 31.19 Uniform Civil Procedure Rules 2005 (NSW) the plaintiffs to serve an expert report of an expert valuer in connection with the special damages claim on or before 2 August 2018. (8) Matter stood over to the Defamation List on Thursday 16 August 2018 for further directions. Catchwords: TORT – defamation – particularisation of claim for special damages Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.28 and 15.1 Cases Cited: Andrews v John Fairfax & Sons Ltd [1980] 2 NSWLR 225 Bauer Media Pty Ltd v Wilson (No 2) [2018] VSCA 154 Bristow v Adams [2012] NSWCA 166 Chakravarti v Advertiser Newspapers Ltd (1998) 193 CLR 519 Hanson v Hunter [2015] NSWDC 220 Heugh v Askin [2014] WASC 30 Hodgson v. Canadian Newspapers Co. (2000), 49 O.R. (3D) 161 (ONT. C.A.) Lighthouse Forward Planning Pty Ltd v Queensland Newspapers Pty Ltd [2014] QSC 217 Pisano v Thrum (No 4) [2011] WASC 290 Ratcliffe v Evans [1892] 2 QB 524 Rayney v Western Australia (No 9) [2017] WASC 367 Selecta Homes & Building Co Pty Ltd v Advertiser-News Weekend Publishing Co Pty Ltd (2001) 79 SASR 451 Wilson v Bauer Media Pty Ltd [2017] VSC 521 Texts Cited: Professor R. E. Brown, "Brown on Defamation (Canada, United Kingdom, Australia, New Zealand, United States), Second Edition (formerly The Law of Defamation in Canada)" (Thomson Reuters, Canada) Category: Procedural and other rulings Parties: First Plaintiff: Yong Cao Second Plaintiff: Leonards Pharmacy Pty Ltd First Defendant: Tim Horan Second Defendant: Karibu Print Media Pty Limited Representation: Counsel: Plaintiffs: Ms S T Chrysanthou / Mr B C Dean Defendants: Mr R Potter