Park v Choi [2019] NSWDC 660

District Court New South Wales

Medium Neutral Citation: Park v Choi [2019] NSWDC 660 Hearing dates: 17 October 2019 Date of orders: 14 November 2019 Decision date: 14 November 2019 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The claim for publication 1 set out in paragraphs 3 – 5A of the statement of claim is struck out, with leave to replead. (2) The plaintiff is granted leave to replead the imputations in publications 2 – 4 in accordance with my rulings set out above and, where compliance with those rulings impinges upon other imputations, to redraft those imputations as well. (3) Plaintiff's amended statement of claim to be filed and served by 4:00pm Wednesday 27 November 2019. (4) Proceedings relisted in the Defamation List on Thursday 28 November 2019 for further directions for completion of the defendants' applications, including applications for further rulings. (5) Costs reserved. Catchwords: TORT – defamation – imputations – form and capacity – application for summary dismissal of first matter complained of – substantial pleading errors – difficulties of ruling on remaining imputations due to the number of imputations struck out – general leave to amend subject to further challenge granted Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.30, 28.2 and 28.4 Cases Cited: Berezovsky & Anor v Forbes Inc & Anor [2001] EWCA Civ 1251 Bik v Mirror Newspapers Ltd [1979] 2 NSWLR 679 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 David & Anor v Abdishou & Ors [2007] NSWSC 1195 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd [2013] HCA 46; 250 CLR 303 Fairfax Media Publications Pty Ltd v Pedavoli [2015] NSWCA 237 Favell v Queensland Newspapers Pty Ltd (2005) 221 ALR 186 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Greek Herald Pty Ltd v Nikolopoulos (2001) 54 NSWLR 165 Hayward v Thompson [1982] QB 47 Hockey v Fairfax Media Publications Pty Ltd [2015] FCA 652 Nationwide News Pty Ltd v Hibbert [2015] NSWCA 13 NHB Enterprises Pty Ltd (t/as Bova Compounding) v Sydney Magazine Publishers Pty Ltd [2013] NSWSC 1163 Radio 2UE Sydney Pty Ltd v Chesterton (2009) 254 ALR 606 Random House Australia Pty Ltd v Abbott & Anor (1999) 167 ALR 224 Singleton v Ffrench (1986) 5 NSWLR 425 Taylor v Jecks (1993) 10 WALR 309 Woelfl v Australian Broadcasting Corporation [2014] NSWSC 1943 Wong v Aripin [2011] WASC 174 Texts Cited: Rolph, D., Defamation Law, Sydney: Thomson Reuters (2016) Category: Procedural and other rulings Parties: Plaintiff: Hee Yeul Park First Defendant: Dong Hun Choi Second Defendant: Seung Ju Hong Third Defendant: Won Hyo Cho Fourth Defendant: Hyun Pil Moon Fifth Defendant: Jong Bae Park Sixth Defendant: Beck Seon Lee Representation: Counsel: Plaintiff: Mr J Manner Defendants: Mr T Senior