The Korean Times Pty Ltd & Anor v Un Dok Pak [2011] NSWCA 365

The Korean Times Pty Ltd & Anor v Un Dok Pak [2011] NSWCA 365

The court determined that the article conveyed the pleaded defamatory imputations, the publication was not protected by common law qualified privilege, and that the original aggravated damages were unwarranted as malice did not increase harm shown. Damages were reassessed and reduced to $80,000 plus interest; the refusal to apologise, as unjustifiable conduct, supported aggravation of compensatory damages.

Parties
First Appellant: The Korean Times Pty Ltd; Second Appellant: Mr Joshua Nam; Respondent: Ms Un Dok Pak
Jurisdiction
Australia
Judgment Date
30 November 2011
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part and dismissed in part
Legal Topics
Defamatory Imputations, Common Law Qualified Privilege, Statutory Qualified Privilege, Damages, Aggravated Damages, Malice, Failure to Apologise
Defamation Tort Law Defamatory Imputations Common Law Qualified Privilege Statutory Qualified Privilege Damages Aggravated Damages Malice +1 more

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Parties

The Korean Times Pty Ltd

First Appellant

Mr Joshua Nam

Second Appellant

Ms Un Dok Pak

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the imputations were conveyed by the matter complained of
  2. 2 Whether the matter was published on an occasion of qualified privilege at common law
  3. 3 Whether malice was a relevant factor

Ratio Decidendi

The court determined that the article conveyed the pleaded defamatory imputations, the publication was not protected by common law qualified privilege, and that the original aggravated damages were unwarranted as malice did not increase harm shown. Damages were reassessed and reduced to $80,000 plus interest; the refusal to apologise, as unjustifiable conduct, supported aggravation of compensatory damages.

Court Disposition

Appeal allowed in part and dismissed in part

Orders

  • Set aside order 1 made in the District Court on 19 November 2010.
  • In lieu, judgment for plaintiff against defendants in the amount of $82,810, effective from 19 November 2010.