Kim v The Korean Times Pty Ltd & Anor [2013] NSWDC 229

Kim v The Korean Times Pty Ltd & Anor [2013] NSWDC 229

The defendants' persistent failure to file a defence or appear in court in defamation proceedings justifies a peremptory order requiring the filing of a defence by a set date, with judgment to be entered for the plaintiff in default, rather than immediate summary dismissal or default judgment.

Jurisdiction
Australia
Judgment Date
15 November 2013
Procedural Posture
Defamation / Case Management: Peremptory Order for Filing Defence Prior to Potential Judgment
Outcome
Peremptory order: Defence to be filed by specified date or judgment for plaintiff to follow; consolidation orders set aside; matter stood over for compliance.
Legal Topics
['failure to File Defence' 'case Management' 'consolidation of Proceedings' 'delay in Litigation']
['tort' 'defamation' 'civil Procedure'] ['failure to File Defence' 'case Management' 'consolidation of Proceedings' 'delay in Litigation']

Case Brief

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Procedural Posture

Defamation / Case Management: Peremptory Order for Filing Defence Prior to Potential Judgment

Legal Issues

  1. 1 ['Whether to enter judgment in defamation proceedings where defendants failed to file a defence' 'Appropriate procedural steps in defamation proceedings upon repeated non-compliance by defendants' 'Whether orders for consolidation of matters should be set aside']

Ratio Decidendi

The defendants' persistent failure to file a defence or appear in court in defamation proceedings justifies a peremptory order requiring the filing of a defence by a set date, with judgment to be entered for the plaintiff in default, rather than immediate summary dismissal or default judgment.

Court Disposition

Peremptory order: Defence to be filed by specified date or judgment for plaintiff to follow; consolidation orders set aside; matter stood over for compliance.

Orders

  • ['No appearance by defendants despite being called three times.' 'Leave granted to plaintiff to file correspondence in court to defendants.' 'Order that any defence must be filed by 4:00pm Wednesday 20 November 2013, failing which judgment will be entered for plaintiff, with liberty to apply for assessment of...