Pan v Cheng; Zhou v Cheng [2021] NSWSC 30

Pan v Cheng; Zhou v Cheng [2021] NSWSC 30

On the balance of probabilities, the Court found Jie Cheng was the author and publisher of the defamatory publications against the plaintiffs. The publications were seriously defamatory, malicious, and targeted to damage reputation, especially within the Chinese Australian community. The defendant’s conduct—including deceit in court, forging documents, and failing to provide credible explanations—aggravated damages. Given the risk of further defamatory publication, permanent injunctive relief was necessary. Damages were awarded to each plaintiff (including aggravated damages) to vindicate reputation, compensate for hurt feelings (in the case of persons), and reflect damage to standing (in...

Jurisdiction
Australia
Judgment Date
01 February 2021
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiffs.
Legal Topics
['defamatory Publications' 'identity of Publisher' 'damages—aggravated Damages' 'injunctive Relief' 'permanent Injunction']
['defamation'] ['defamatory Publications' 'identity of Publisher' 'damages—aggravated Damages' 'injunctive Relief' 'permanent Injunction']

Case Brief

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether the defendant published the impugned defamatory material' 'Whether the publications were defamatory of the plaintiffs' 'Appropriate measure of damages, including aggravated damages' 'Whether injunctive relief should be granted']

Ratio Decidendi

On the balance of probabilities, the Court found Jie Cheng was the author and publisher of the defamatory publications against the plaintiffs. The publications were seriously defamatory, malicious, and targeted to damage reputation, especially within the Chinese Australian community. The defendant’s conduct—including deceit in court, forging documents, and failing to provide credible explanations—aggravated damages. Given the risk of further defamatory publication, permanent injunctive relief was necessary. Damages were awarded to each plaintiff (including aggravated damages) to vindicate reputation, compensate for hurt feelings (in the case of persons), and reflect damage to standing (in...

Court Disposition

Judgment for the plaintiffs.

Orders

  • ['Defendant to pay Henry Pan damages (including aggravated damages) of $285,000.' 'Defendant to pay Chinese Australian Services Society Ltd damages (including aggravated damages) of $150,000.' 'Defendant to pay Bo Zhou damages (including aggravated damages) of $200,000.' 'Defendant to pay plaintiffs’ costs on an...