Park v Lee [2016] NSWDC 75

Park v Lee [2016] NSWDC 75

The District Court of New South Wales lacks jurisdiction to determine a defamation claim where the alleged publication occurred exclusively in South Korea and would require the application of Korean law, which cannot be determined in this court. In addition, New South Wales is not the appropriate forum, as the alleged defamation related to evidence given in Korean proceedings and any harm occurred there. The proceedings are also disproportionate given the limited publication and the likely defence of absolute privilege. On these bases, the proceedings are dismissed, with the plaintiff to pay indemnity costs.

Jurisdiction
Australia
Judgment Date
13 May 2016
Procedural Posture
Civil / Application for Dismissal/strike Out Prior to Hearing on the Merits
Outcome
Proceedings dismissed; plaintiff to pay defendants' costs on an indemnity basis.
Legal Topics
['jurisdiction' 'forum Non Conveniens' 'absolute Privilege' 'proportionality' 'foreign Publication' 'costs']
['tort' 'defamation' 'civil Procedure'] ['jurisdiction' 'forum Non Conveniens' 'absolute Privilege' 'proportionality' 'foreign Publication' 'costs']

Case Brief

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Procedural Posture

Civil / Application for Dismissal/strike Out Prior to Hearing on the Merits

Legal Issues

  1. 1 ['Whether the District Court of New South Wales has jurisdiction to hear a defamation claim for publication occurring wholly outside Australia' 'Whether the District Court or New South Wales is the proper and convenient forum for the proceedings (forum non conveniens)' 'Whether the claim should be struck out for want of jurisdiction, forum non conveniens, or on proportionality grounds' 'Whether indemnity costs should be ordered']

Ratio Decidendi

The District Court of New South Wales lacks jurisdiction to determine a defamation claim where the alleged publication occurred exclusively in South Korea and would require the application of Korean law, which cannot be determined in this court. In addition, New South Wales is not the appropriate forum, as the alleged defamation related to evidence given in Korean proceedings and any harm occurred there. The proceedings are also disproportionate given the limited publication and the likely defence of absolute privilege. On these bases, the proceedings are dismissed, with the plaintiff to pay indemnity costs.

Court Disposition

Proceedings dismissed; plaintiff to pay defendants' costs on an indemnity basis.

Orders

  • ['Proceedings dismissed.' "Plaintiff to pay defendants' costs on an indemnity basis."]