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

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

Leave was granted because the amended pleading was a reformulation responding to objections and any new causes of action arose from substantially the same facts, and because the fourth defendant had been named by mistake in circumstances where it was clear the plaintiff always intended to sue the person responsible for posting comments under the WeChat identifier "ericachencheng".

Jurisdiction
Australia
Judgment Date
11 May 2018
Procedural Posture
Defamation Proceedings / Application for Leave to File an Amended Statement of Claim and to Correct the Name of the Fourth Defendant
Outcome
Leave granted to file the proposed amended statement of claim and to correct the name of the fourth defendant; proceedings stood over for first listing.
Legal Topics
['pleading' 'amendment of Statement of Claim' 'correction of Party Name' 'we Chat Social Media Comments']
['defamation' 'civil Procedure'] ['pleading' 'amendment of Statement of Claim' 'correction of Party Name' 'we Chat Social Media Comments']

Case Brief

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Procedural Posture

Defamation Proceedings / Application for Leave to File an Amended Statement of Claim and to Correct the Name of the Fourth Defendant

Legal Issues

  1. 1 ['Whether leave should be granted to file the proposed amended statement of claim, including to the extent necessary under s 65(2)(c) of the Civil Procedure Act 2005 (NSW).' 'Whether leave should be granted under s 65(2)(b) of the Civil Procedure Act 2005 (NSW) to correct the name of the fourth defendant where the plaintiff had difficulty identifying the user of the WeChat identifier "ericachencheng".']

Ratio Decidendi

Leave was granted because the amended pleading was a reformulation responding to objections and any new causes of action arose from substantially the same facts, and because the fourth defendant had been named by mistake in circumstances where it was clear the plaintiff always intended to sue the person responsible for posting comments under the WeChat identifier "ericachencheng".

Court Disposition

Leave granted to file the proposed amended statement of claim and to correct the name of the fourth defendant; proceedings stood over for first listing.

Orders

  • ['Grant leave to the plaintiff pursuant to section 65(2)(b) of the Civil Procedure Act to correct the name of the fourth defendant to Qiang Yan.' "Grant leave to the plaintiff to file the proposed amended statement of claim served yesterday and, to the extent necessary, grant leave in that respect pursuant to...