Kim v The Korean Times Pty Ltd & Anor [2013] NSWDC 230

Kim v The Korean Times Pty Ltd & Anor [2013] NSWDC 230

Although the defendants had repeatedly failed to file a defence and did not appear, the Court was not prepared to enter judgment immediately. Given the history of non-compliance, the appropriate course was to make a peremptory self-executing order requiring any defence to be filed by 4:00pm on 20 November 2013, with failure to comply to result in judgment for the plaintiff and liberty to apply for assessment of damages.

Jurisdiction
Australia
Judgment Date
15 November 2013
Procedural Posture
Defamation Proceedings / Procedural Ruling and Peremptory Order to File Defence
Outcome
Peremptory self-executing order made; judgment not entered immediately; consolidation orders set aside; matter stood over.
Legal Topics
['repeated Failures to File Defence' 'non Appearance' 'peremptory Order' 'assessment of Damages']
['tort' 'defamation' 'civil Procedure'] ['repeated Failures to File Defence' 'non Appearance' 'peremptory Order' 'assessment of Damages']

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Procedural Posture

Defamation Proceedings / Procedural Ruling and Peremptory Order to File Defence

Legal Issues

  1. 1 ['Whether judgment should be entered for the plaintiff because the defendants had repeatedly failed to file a defence and did not appear.' 'Whether a peremptory self-executing order should be made requiring any defence to be filed by a specified time.']

Ratio Decidendi

Although the defendants had repeatedly failed to file a defence and did not appear, the Court was not prepared to enter judgment immediately. Given the history of non-compliance, the appropriate course was to make a peremptory self-executing order requiring any defence to be filed by 4:00pm on 20 November 2013, with failure to comply to result in judgment for the plaintiff and liberty to apply for assessment of damages.

Court Disposition

Peremptory self-executing order made; judgment not entered immediately; consolidation orders set aside; matter stood over.

Orders

  • ['The Korean Times Pty Ltd and Mr Nam called outside Court 13D three times at 9:37am - No appearance.' 'Mr Joshua Nam called outside Court 13D three times at 9:37am - No appearance.' 'Grant leave to the plaintiff to file in court correspondence to the defendant.' 'Noting the continued failure of the defendants in...