Hang v Tu [2018] NSWSC 1770

Hang v Tu [2018] NSWSC 1770

Several pleaded imputations were capable of going to the jury, but others were struck out or required re-pleading because they were bad in form, insufficiently specific, required pleading as alternatives, or lacked a sufficient link between the publication and the first plaintiff. After those rulings, the only order made was to refer the proceedings to mediation by a court annexed mediator.

Jurisdiction
Australia
Judgment Date
30 October 2018
Procedural Posture
Defamation Proceedings / Procedural Ruling on Defendants' Objections to a Proposed Amended Statement of Claim; Proceedings Referred to Mediation
Outcome
Proceedings referred to mediation; interlocutory rulings on imputations recorded, but the only order made was the mediation order.
Legal Topics
['imputations' 'capacity' 'pleading Form' 'chinese Language Publications and Translation' 'court Annexed Mediation']
['defamation' 'civil Procedure'] ['imputations' 'capacity' 'pleading Form' 'chinese Language Publications and Translation' 'court Annexed Mediation']

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Procedural Posture

Defamation Proceedings / Procedural Ruling on Defendants' Objections to a Proposed Amended Statement of Claim; Proceedings Referred to Mediation

Legal Issues

  1. 1 ['Whether pleaded imputations in respect of the first matter complained of were capable of arising or were bad in form' 'Whether pleaded imputations in respect of the second matter complained of were capable of arising or should be pleaded as alternatives' 'Whether imputations concerning the first plaintiff from the third matter complained of could proceed when he was not named in that publication' 'Whether imputations concerning the second plaintiff from the third matter complained of were bad in form' 'Whether the proceedings should be referred to mediation']

Ratio Decidendi

Several pleaded imputations were capable of going to the jury, but others were struck out or required re-pleading because they were bad in form, insufficiently specific, required pleading as alternatives, or lacked a sufficient link between the publication and the first plaintiff. After those rulings, the only order made was to refer the proceedings to mediation by a court annexed mediator.

Court Disposition

Proceedings referred to mediation; interlocutory rulings on imputations recorded, but the only order made was the mediation order.

Orders

  • ['Pursuant to s 26 of the Civil Procedure Act, refer the proceedings for mediation by a court annexed mediator.' 'I note the obligation of the parties under s 27 to participate in good faith in the mediation.' 'Direct the parties to use their best endeavours to hold the mediation before the end of the law term.']