DISTRICT COURT OF QUEENSLAND
CITATION: Brose v Baluskas & Ors (No 3) [2019] QDC 101 PARTIES: TRACEY ANN BROSE
(Plaintiff)v DONNA JOY BALUSKAS
(First Defendant)and MIGUEL BALUSKAS
(Second Defendant)and TRUDIE ARNOLD
(Third Defendant)and IAN MARTIN
(Fourth Defendant)and KERRI ERVIN (Fifth Defendant)
and LAURA LAWSON
(Sixth Defendant)and CHARMAINE PROUDLOCK
(Seventh Defendant)FILE NO/S: D148 of 2016 DIVISION: Civil PROCEEDING: Application by the first and second defendants for
- leave to re-plead defences of justification, qualified
privilege and honest opinion; and- for leave to withdraw admissions; and - to strike out parts of the amended statement of claim
and;- for orders for the plaintiff to provide further and better
particulars.
ORIGINATING
COURT:District Court at Southport DELIVERED ON: 21 June 2019 DELIVERED AT: Southport HEARING DATE: 17 May 2019; 24 May 2019 JUDGE: Kent QC DCJ ORDER:
[1]
The defendants’ second further amended defence, filed 26 October 2018 without leave, is struck out insofar as it pleads any matters for which leave was required pursuant to the court’s orders of 5 October 2018;
[2]
The defendants’ applications in relation to striking out portions of the Amended Statement of Claim, withdrawal of admissions and orders for further and better particulars are dismissed;
[3]
The first defendant’s application for leave to deliver an amended defence pleading justification, qualified privilege and honest opinion is dismissed;
[4]
The second defendant’s application for leave to deliver an amended defence pleading qualified privilege and honest opinion is dismissed;
[5]
The second defendant’s application for leave to deliver an amended defence pleading justification is allowed, only insofar as pleaded in paragraphs 43A – 43F and 43V of the draft amended defence;
[6]
Subject to submissions, the first defendant should pay the plaintiff’s costs of the applications, and the second defendant should pay 75% of the plaintiff’s costs;
[7]
Once pleadings are closed, the matter is to be treated as though a request for trial date had been filed, that is, the parties may only amend a pleading, request particulars or make an application in the proceeding with the court’s leave.
CATCHWORDS:
DEFAMATION – JUSTIFICATION – GENERALLY – WHETHER PLEA ESTABLISHED – Where the defendants have re-pleaded their defence three times, once with the assistance of legal representation – Where the first further amended defences were struck out – where the defendants were prevented from re-pleading justification without leave – where the unrepresented defendants filed second further amended defences in defiance of that order – where the defendants have new legal representatives – Whether leave should be granted to 1st and 2nd defendants to plead the
defence of justification. DEFAMATION – OTHER DEFENCES – MISCELLANEOUS DEFENCES – Where the defendants have re-pleaded their defence three times, once with the assistance of legal representation – Where the first further amended defences were struck out – where the defendants were prevented from re-pleading qualified privilege without leave – where the unrepresented defendants filed second further amended defences in defiance of that order – where…
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- AGLC
- Brose v Baluskas (No 3) [2019] QDC 101
- Case
- [2019] QDC 101
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to decide involved whether the defendants were entitled to plead their defences of justification and qualified privilege after being ordered not to do so without leave. The court also needed to consider the defendants' history of re-pleading and whether their conduct warranted granting leave to amend their defences yet again. The plaintiff argued that the defendants had acted in defiance of the court's orders and that further amendments would cause an unnecessary delay in the proceedings.
The court found that the defendants' repeated attempts to amend their defences, despite explicit orders not to do so without leave, constituted a defiance of the court's authority. The court emphasised the importance of adhering to procedural orders and noted that the defendants had new legal representatives. Given the extensive delay and the lack of justification for further amendments, the court decided not to grant leave for the defendants to plead their defences of justification and qualified privilege. Consequently, these defences were struck out, and the defendants were not allowed to re-plead them.
The final orders of the court included the striking out of the defendants' defences of justification and qualified privilege, prohibiting them from re-pleading these defences without further leave of the court. This decision underscored the importance of procedural compliance and the consequences of disregarding court orders in litigation.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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