Erglis v Buckley

Case [2004] QCA 223


SUPREME COURT OF QUEENSLAND

CITATION:

Erglis v Buckley & Ors [2004] QCA 223

PARTIES:

WENDY ERGLIS
(plaintiff/appellant)
v
MELISSA BUCKLEY
(first defendant/first respondent)
RACHAEL CRAWLEY
(second defendant/second respondent)
LISA SHEARMAN
(third defendant/third respondent)
ALLISON LOVELL
(fourth defendant/fourth respondent)
JUDY CUMMINGS
(fifth defendant/fifth respondent)
REBECCA MANNING
(sixth defendant/sixth respondent)
JANINE GIBSON
(seventh defendant/seventh respondent)
KYLIE ASH
(eighth defendant/eighth respondent)
JACQUI BOE
(ninth defendant/ninth respondent)
RON MIDDLETON
(tenth defendant/tenth respondent)
MADONNA FUERY
(eleventh defendant/eleventh respondent)
STATE Of QUEENSLAND

(twelfth defendant/twelfth respondent)

FILE NO/S:

Appeal No 747 of 2004

SC No 2867 of 2002

DIVISION:

Court of Appeal

PROCEEDING:

Appeal from interlocutory decision

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

2 July 2004

DELIVERED AT:

Brisbane

HEARING DATE:

29 March 2004

JUDGES:

McPherson JA, Jerrard JA and Fryberg J

Separate reasons for judgment of each member of the Court,   McPherson JA and Fryberg J concurring as to the orders made, Jerrard JA dissenting

ORDERS:

Appeal allowed with costs assessed on the standard basis against the respondent defendants. 1.   

Set aside so much of the order made on 24 December 2003 as ordered that paragraphs 12(a) and 13(a) of the further amended statement of claim be struck out.2.   

Set aside paragraph 3 of the order made on 15 March 2004, and reserve the costs under that paragraph for further consideration.  3.   

CATCHWORDS:

CONSTITUTIONAL LAW – THE LEGISLATURE – PRIVILEGES - PARLIAMENTARY DEBATES AND PROCEEDINGS - in defamation action the plaintiff pleaded that an allegedly defamatory letter sent by defendants to Minister was tabled and read in parliament – whether by relying on republication in parliament for the purpose of increasing the amount of damages claimed the plaintiff impeached or questioned the freedom of speech and debates or proceedings in parliament, contrary to s 8 of the Parliament of Queensland Act 2001

Parliament of Queensland Act 2001, s 8, s 9
Bill of Rights Act 1688, art 9

Buchanan v Jennings [2002] 3 NZLR 145, cited
Church of Scientology of California v Johnson-Smith [1972] 1 QB 522, cited
Commissioner for Stamps v Telegraph Investment Company (1995) 184 CLR 453, considered
Commonwealth v Colonial Combing Spinning and Weaving Co Ltd (1922-23) 31 CLR 421, considered
Criminal Justice Commission v Nationwide News Pty Ltd [1996] 2 Qd R 444, approved
Criminal Justice Commission v Parliamentary Criminal Justice Commissioner [2002] Qd R 8, approved
Cutler v McPhail [1962] 2 QB 292, cited
Egan v Willis (1998-1999) 195 CLR 424, considered
Hamilton v Al Fayed [2001] 1 AC 395, cited
Laurance v Katter [2000] 1 Qd R 147, considered
Prebble v Television New Zealand Ltd [1995] 1 AC 321, considered
Quan Yick v Hinds (1904-05) 2 CLR 345, considered
R v Grassby (1991) 55 ACrimR 419, considered
Rann v Olsen (2000) 172 ALR 395, considered
Rowley v O’Chee [2000] 1 Qd R 207, considered
Slipper v British Broadcasting Corporation [1991] 1 QB 283, cited
Stockdale v Hansard (1839) 112 ER 1112, considered
Timms…

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AGLC
Erglis v Buckley [2004] QCA 223
Case
[2004] QCA 223
Decision Date

CaseChat Overview and Summary

In Erglis v Buckley, the plaintiff sued the defendants for defamation over an allegedly defamatory letter sent to the Minister. The plaintiff argued that by relying on the republication of the letter in parliament to increase the amount of damages claimed, they questioned the freedom of speech and debates or proceedings in parliament, contrary to section 8 of the Parliament of Queensland Act 2001. The defendants appealed the decision of the lower court, which found in favour of the plaintiff. The court had to decide whether the plaintiff's reliance on the republication in parliament constituted an impeachment of the freedom of speech and debates or proceedings in parliament.

The court found that the plaintiff's reliance on the republication in parliament did not amount to an impeachment of the freedom of speech and debates or proceedings in parliament. The court held that the plaintiff's claim for damages was not based on the republication in parliament, but rather on the original publication of the letter. The court found that the plaintiff's reliance on the republication in parliament was incidental to their claim for damages, and did not amount to an impeachment of the freedom of speech and debates or proceedings in parliament. The court further found that the plaintiff's claim for damages was not based on the content of the letter, but rather on the republication in parliament, which increased the amount of damages claimed.

The court allowed the appeal and set aside the orders made by the lower court. The court found that the plaintiff's reliance on the republication in parliament did not amount to an impeachment of the freedom of speech and debates or proceedings in parliament, and that the lower court had erred in striking out the relevant paragraphs of the plaintiff's statement of claim. The court assessed the costs of the appeal against the respondent defendants and reserved the costs under paragraph 3 of the order made on 15 March 2004 for further consideration.

Orders

Orders of the court

Appeal allowed with costs assessed on the standard basis against the respondent defendants. 1.

Set aside so much of the order made on 24 December 2003 as ordered that paragraphs 12(a) and 13(a) of the further amended statement of claim be struck out.2.

Set aside paragraph 3 of the order made on 15 March 2004, and reserve the costs under that paragraph for further consideration. 3.

Background

Background to the litigation

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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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