Doe v Yahoo!7 Pty Ltd; Wright v Pagett

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DISTRICT COURT OF QUEENSLAND

CITATION:

Doe v Yahoo!7 Pty Ltd & Anor; Wright v Pagett and Ors  [2013] QDC 181

PARTIES:

Gladstone D2/2013

JANE DOE
(Plaintiff)

v

YAHOO!7 PTY LTD
(First Defendant)

and

YAHOO! INC
(Second Defendant)

Gladstone D3/2013

KERRY GEORGE WRIGHT

(Plaintiff)

v

GEOFFREY PAGETT

(First Defendant)

and

YAHOO!7 PTY LTD

(Second Defendant)

and

YAHOO! INC

(Third Defendant)

FILE NO/S:

Gladstone D2/13 and D3/13

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

Gladstone

DELIVERED ON:

9 August 2013

DELIVERED AT:

Rockhampton

HEARING DATE:

22 July 2013

JUDGE:

Smith DCJ

ORDER:

1.   Application to strike out the Statement of Claim of Jane Doe is granted and the Statement of Claim is struck out.

2.   Application to strike out the claim of Jane Doe is refused.

3.   Application to strike out the Statement of Claim of Kerry Wright is granted and the Statement of Claim is struck out.

4.   Application to strike out the claim of Kerry Wright is refused.

5.   Jane Doe’s application to amend the Statement of Claim and for judgment is refused.

6.   Kerry Wright’s application to amend the Statement of Claim and for judgment is refused.

7.   Actions stayed until the Plaintiffs have complied with Part 1 of Chapter 2 of the Personal Injuries Proceeding Act 2002 (Q).    

8.   I give the parties liberty to apply.

9.   I will hear the parties as to costs.

CATCHWORDS:

PRACTICE PROCEDURE- Application to strike out claims and statements of claim

TORTS- action for breach of confidence- action for breach of invasion of privacy- action for negligence- action for intentional infliction of emotional distress

PERSONAL INJURY- whether Personal Injuries Proceedings Act 2002 (Qld)applies- whether proceeding is a nullity or irregular

CONSUMER LAW- action for breach of the Fair Trading Act 1989 (Qld) and Consumer and Competition Act 2010 (Cth)

Broadcasting Services Act 1992 (Cth) Schedule 5 clause 91

Civil Liability Act 2003 (Qld) ss 7, 9, 10, 11, 12

Consumer and Competition Act 2010 (Cth)

Criminal Code 1995 (Cth) s 474.14

Criminal Code 1899 (Qld) s 359B

Defamation Act 2005 (Qld) s 19

Disability Discrimination Act 1992 (Cth) ss 38, 44, 122, 123

Fair Trading Act 1989 (Qld) ss 6, 38, 99, 100

Personal Injuries Proceedings Act 2002 (Qld) ss 6, 7, 9, 18

Sex Discrimination Act 1984 (Cth) ss 28G, 105

Trade Practices Act 1974 (Qld) ss 52, 75B, 84

Uniform Civil Procedure Rules 1999 r 144, 171

ABC v Lenah Game Meats Pty Ltd (2001) 208 CLR 199

Berowra Holdings Pty Ltd v Gordon (2006) 225 CLR 364

Boulter v Batten and Anor [2010] QDC 056

Campbell v MGN Ltd [2004] 2 AC 457

Coco v Ord Minnett Ltd [2012] QSC 324

Doe v Australian Broadcasting Corporation & Ors [2007] VCC 281

Douglas v Hello! Ltd [2006] QB 125

Dye v Commonwealth Securities Ltd [2010] FCA 720

Earl v Nationwide News Pty Ltd [2013] NSWSC 839

Gee v Burger [2009] NSWSC 149

Gifford v Strang Patrick Stevedoring Pty Ltd (2003) 214 CLR 269

Giller v Procopets (2008) 24 VR 1

Godfrey…

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Details
Case
[2013] QDC 181
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Queensland, Doe v Yahoo!7 Pty Ltd and Wright v Pagett concerned the plaintiffs' claims against Yahoo!7 Pty Ltd, alleging breach of confidence, invasion of privacy, negligence, intentional infliction of emotional distress, and breaches of the Fair Trading Act 1989 (Qld) and the Consumer and Competition Act 2010 (Cth). The defendants applied to strike out the statements of claim and claims, arguing they were disclosing no reasonable cause of action and were irregular. The defendants also contended that the proceedings should be stayed under the Personal Injuries Proceedings Act 2002 (Qld).

The court considered whether the claims disclosed a reasonable cause of action, whether the statements of claim were irregular, and whether the proceedings were subject to the Act. The court held that the statements of claim were irregular as they failed to provide particulars sufficient to inform the defendants of the nature of the claims. However, the claims themselves disclosed a reasonable cause of action, as the allegations, if proven, could be actionable. The court also found that the proceedings were not subject to the Act, as they did not involve personal injury claims.

The court granted the application to strike out the statements of claim but refused the application to strike out the claims. The court also refused the plaintiffs' applications to amend the statements of claim and for judgment, and stayed the proceedings until the plaintiffs complied with the Act. The parties were granted liberty to apply, and the court reserved costs.

Orders

Orders of the court

1. Application to strike out the Statement of Claim of Jane Doe is granted and the Statement of Claim is struck out.

2. Application to strike out the claim of Jane Doe is refused.

3. Application to strike out the Statement of Claim of Kerry Wright is granted and the Statement of Claim is struck out.

4. Application to strike out the claim of Kerry Wright is refused.

5. Jane Doe’s application to amend the Statement of Claim and for judgment is refused.

6. Kerry Wright’s application to amend the Statement of Claim and for judgment is refused.

7. Actions stayed until the Plaintiffs have complied with Part 1 of Chapter 2 of the Personal Injuries Proceeding Act 2002 (Q).

8. I give the parties liberty to apply.

9. I will hear the parties as to costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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