SUPREME COURT OF QUEENSLAND
CITATION:
Hodgetts v Nine Network Australia Pty Ltd & Ors [2020] QSC 330
PARTIES:
KYLE HODGETTS
(plaintiff)
v
NINE NETWORK AUSTRALIA PTY LTD(first defendant)
and
LISA CUTHBERT
(second defendant)
and
GARY FIELD
(third defendant)FILE NO/S:
4104 of 2017
DIVISION:
Trial
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
4 November 2020
DELIVERED AT:
Brisbane
HEARING DATE:
11 September 2020
JUDGE:
Flanagan J
ORDERS:
1. Judgment for the first and third defendants against the plaintiff.
2. The Court will hear the parties as to costs.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL – SUMMARY JUDGMENT FOR DEFENDANT OR RESPONDENT: STAY OR DISMISSAL OF PROCEEDINGS – where the plaintiff sought damages for defamation in respect of online publications related to an episode of A Current Affair, including the republication of material by the second defendant – where the plaintiff had not supplied evidence to prove that the online material was downloaded by a third person within one year prior to the filing of the claim, being the period prescribed by the Limitation of Actions Act 1974 (Qld) – where the plaintiff had not supplied any evidence relating to the alleged republication – where the first defendant brought an application for summary judgment under r 293 of the Uniform Civil Procedure Rules 1999 (Qld) – whether an order for summary judgment should be made against the plaintiff
Limitation of Actions Act 1974 (Qld), s 10AA, s 32A
Uniform Civil Procedure Rules 1999 (Qld), r 293
Chan & Ors v Macarthur Minerals Ltd & Ors [2019] QSC 143, cited
Deputy Commissioner of Taxation v Salcedo [2005] 2 Qd R 232, cited
Dow Jones & Co Inc v Gutnick (2002) 210 CLR 575, cited
Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87, cited
Gray v Morris [2004] 2 Qd R 118, cited
GWC Property Group Pty Ltd v Higginson & Ors [2014] QSC 264, cited
Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231, citedSims v Jooste(No 2) [2016] WASCA 83, cited
COUNSEL:
P J McCafferty QC for the first defendant
E A Muir, solicitor, for the third defendant
K Hodgetts, self-represented, for the plaintiffSOLICITORS:
Macpherson & Kelley Lawyers for the first defendant
Muir Lawyers for the third defendant
By claim and statement of claim filed 26 April 2017, the plaintiff seeks damages for defamation in the amount of $2,475,000,000 from the first, second and third defendants. In August 2017, the plaintiff obtained default judgment in respect of the second defendant.[1]
[1]CD 14.
Notices of intention to defend were filed by the first defendant on 7 June 2017 and by the third defendant on 18 August 2017.
A Case Flow Intervention Notice issued on 6 August 2019. On 31 July 2020, Bowskill J made directions in relation to the first defendant filing and serving any application for summary judgment or strikeout, including directions for the…
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- Case
- [2020] QSC 330
- Decision Date
CaseChat Overview and Summary
The court concluded that the plaintiff's claims were either statute-barred or that there was no real prospect of the plaintiff succeeding at trial. Given the plaintiff did not provide evidence that the online material was downloaded by a third person within the one-year period prescribed by the Limitation of Actions Act 1974 (Qld), the claims were statute-barred. Furthermore, the plaintiff had not provided any evidence relating to the alleged republication by the second defendant, leading the court to find that there was no real prospect of the plaintiff succeeding at trial on this claim. The court found that the application for summary judgment should be granted, and therefore, judgment was entered in favour of the defendants. The court will hear the parties as to costs.
Orders
Orders of the court
1. Judgment for the first and third defendants against the plaintiff.
2. The Court will hear the parties as to costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.