Gim v Byeon [2017] NSWDC 136

Gim v Byeon [2017] NSWDC 136

The plaintiff failed to prove that the defendant published the matter complained of or was liable for republication; the conversation between defendant and Mr Kwoun was mere small talk, lacking the defamatory content alleged, and credibility of Mr Kwoun was found lacking.

Parties
Plaintiff: Ick Hee Gim; Defendant: Jong Yoon Byeon
Jurisdiction
Australia
Judgment Date
08 June 2017
Procedural Posture
Civil / Trial Judgment
Outcome
Judgment for the defendant
Legal Topics
Defamation, Slander, Publication, Republication
Tort Defamation Slander Publication Republication

Case Brief

Summary, issues, holding and outcome

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Parties

Ick Hee Gim

Plaintiff

Jong Yoon Byeon

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether the defendant published the matter complained of to Mr Kwoun
  2. 2 Whether the matter complained of conveyed defamatory imputations
  3. 3 Whether the defendant is liable for republication by Mr Kwoun

Ratio Decidendi

The plaintiff failed to prove that the defendant published the matter complained of or was liable for republication; the conversation between defendant and Mr Kwoun was mere small talk, lacking the defamatory content alleged, and credibility of Mr Kwoun was found lacking.

Court Disposition

Judgment for the defendant

Orders

  • Judgment for the defendant.
  • Costs reserved with liberty to apply.