Hua v Winslet - [2016] QDC 163

DISTRICT COURT OF QUEENSLAND

CITATION:

Hua & Others v Winslet & others [2016] QDC 163

PARTIES:

Dequan Hua
(1^st Plaintiff)

AND

Dan Zhao
(2^nd Plaintiff)

AND

Happy Trees Pty Ltd as Trustee for The Zhao Family Trust
(3^rd Plaintiff)

v

Janet Winslet
(1^st Defendant)

AND

Donna Gleeson
(2^nd Defendant)

AND

Geoffrey Scott
(3^rd Defendant)

AND

Graeme Mason
(4^th Defendant)

AND

Renee Roze
(5^th Defendant)

AND

Patricia O’Keefe
(6^th Defendant)

AND

Jennifer Reid
(7^th Defendant)

AND

Body Corporate and Community Administration Service Pty Ltd
(8^th Defendant)

FILE NO/S:

23/16

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court in Southport

DELIVERED ON:

1^st July 2016

DELIVERED AT:

Maroochydore

HEARING DATE:

13^th June 2016

JUDGE:

Kingham DCJ

ORDERS:

1.   The statement of claim filed 25 January 2016 be struck out.

2.   The plaintiffs have leave to replead as contained within direction 9 below.

3.   The costs of and incidental to this application are the defendants’ costs in the cause.

The court directs that:

4.   On or before 21 June 2016, the defendants, through their solicitors, write to the plaintiffs providing a list of 3 mediators with experience in both Body Corporate and Defamation Law.

5.   The mediator’s fee and any venue expenses are to be paid in the following proportions: 50% is to be met by the plaintiffs and 50% is to be met by the defendants.

6.   The plaintiffs have 7 days from the date of receipt of the defendants’ solicitors’ correspondence proposing the list of mediators, to accept one of the mediators proposed and communicate this acceptance to the defendants’ solicitors.

7.   That a mediation be set down for a period of one day, on a date suitable to the parties, at a venue on the Gold Coast within 6 weeks of the parties’ agreement on a mediator.

8.   These proceedings are stayed pending the outcome of the mediation.

9.   In the event that the matter is not resolved at mediation, the proceedings are stayed for a further period of 7 days from the date the mediator files his or her mediator’s certificate in the Court.

10. Further, in the event the matter does not resolve at mediation, the plaintiffs’ have leave to file and serve a further statement of claim within 21 days of the mediator’s certificate being filed in the Court.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL – where the applicants seek summary judgement – where the applicants seek a striking out of the statement of claim in the alternative – whether there should be summary judgement – whether the respondants statement of claim should be struck out – whether the parties should endeavour to solve the matter through mediation

DEFAMATION – STATEMENTS AMOUNTING TO DEFAMATION – PARTICULAR STATEMENTS – INJURY TO REPUTATON IN BUSINESS, PROFESSION, TRADE OR CALLING – where respondents allege they have been defamed by statements made by members of a body…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Hua v Winslet

Details

AGLC: Hua v Winslet [2016] QDC 163
Case: [2016] QDC 163
Decision Date: 1st July 2016

CaseChat Overview and Summary

In the case of Hua v Winslet, the respondents sought to establish that they had been defamed by statements made by members of a body corporate, which were contained in published minutes and a letter sent to lot owners. The respondents alleged they had suffered loss as a result and were proceeding as self-represented litigants. The applicants sought summary judgement or, in the alternative, for the respondents' statement of claim to be struck out. The applicants also suggested that the matter be resolved through mediation.

The court had to determine whether the respondents had properly pleaded their case for defamation and whether the statement of claim should be struck out. Additionally, the court had to consider whether the parties should attempt to resolve their dispute through mediation. The court found that the respondents had not properly pleaded their case for damages, leading to the statement of claim being struck out. However, the court granted the respondents leave to replead their case. The court also ordered that the matter be resolved through mediation, with costs and expenses for the mediation process to be shared equally by both parties.

The court struck out the statement of claim filed on 25 January 2016 and granted leave to replead. The court further ordered that the defendants' costs for this application be paid by the applicants. The court directed that the defendants, through their solicitors, provide a list of three mediators with experience in both Body Corporate and Defamation Law by 21 June 2016. The mediator's fee and any venue expenses were to be paid equally by the parties. The plaintiffs had seven days from receipt of the list to accept one of the proposed mediators and communicate their acceptance to the defendants' solicitors. A mediation was to be set down within six weeks of the parties' agreement on a mediator, and these proceedings were stayed pending the outcome of the mediation. If the matter was not resolved at mediation, the proceedings were to be stayed for a further seven days from the date the mediator's certificate was filed in the Court. In such an event, the plaintiffs were granted leave to file and serve a further statement of claim within 21 days of the mediator's certificate being filed in the Court.

Orders

Orders of the court

1. The statement of claim filed 25 January 2016 be struck out.

2. The plaintiffs have leave to replead as contained within direction 9 below.

3. The costs of and incidental to this application are the defendants’ costs in the cause.

The court directs that:

4. On or before 21 June 2016, the defendants, through their solicitors, write to the plaintiffs providing a list of 3 mediators with experience in both Body Corporate and Defamation Law.

5. The mediator’s fee and any venue expenses are to be paid in the following proportions: 50% is to be met by the plaintiffs and 50% is to be met by the defendants.

6. The plaintiffs have 7 days from the date of receipt of the defendants’ solicitors’ correspondence proposing the list of mediators, to accept one of the mediators proposed and communicate this acceptance to the defendants’ solicitors.

7. That a mediation be set down for a period of one day, on a date suitable to the parties, at a venue on the Gold Coast within 6 weeks of the parties’ agreement on a mediator.

8. These proceedings are stayed pending the outcome of the mediation.

9. In the event that the matter is not resolved at mediation, the proceedings are stayed for a further period of 7 days from the date the mediator files his or her mediator’s certificate in the Court.

10. Further, in the event the matter does not resolve at mediation, the plaintiffs’ have leave to file and serve a further statement of claim within 21 days of the mediator’s certificate being filed in the Court.

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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CITATION:	Hua & Others v Winslet & others [2016] QDC 163
PARTIES:	Dequan Hua (1^st Plaintiff) AND Dan Zhao (2^nd Plaintiff) AND Happy Trees Pty Ltd as Trustee for The Zhao Family Trust (3^rd Plaintiff) v Janet Winslet (1^st Defendant) AND Donna Gleeson (2^nd Defendant) AND Geoffrey Scott (3^rd Defendant) AND Graeme Mason (4^th Defendant) AND Renee Roze (5^th Defendant) AND Patricia O’Keefe (6^th Defendant) AND Jennifer Reid (7^th Defendant) AND Body Corporate and Community Administration Service Pty Ltd (8^th Defendant)
FILE NO/S:	23/16
DIVISION:	Civil
PROCEEDING:	Application
ORIGINATING COURT:	District Court in Southport
DELIVERED ON:	1^st July 2016
DELIVERED AT:	Maroochydore
HEARING DATE:	13^th June 2016
JUDGE:	Kingham DCJ
ORDERS:	1. The statement of claim filed 25 January 2016 be struck out. 2. The plaintiffs have leave to replead as contained within direction 9 below. 3. The costs of and incidental to this application are the defendants’ costs in the cause. The court directs that: 4. On or before 21 June 2016, the defendants, through their solicitors, write to the plaintiffs providing a list of 3 mediators with experience in both Body Corporate and Defamation Law. 5. The mediator’s fee and any venue expenses are to be paid in the following proportions: 50% is to be met by the plaintiffs and 50% is to be met by the defendants. 6. The plaintiffs have 7 days from the date of receipt of the defendants’ solicitors’ correspondence proposing the list of mediators, to accept one of the mediators proposed and communicate this acceptance to the defendants’ solicitors. 7. That a mediation be set down for a period of one day, on a date suitable to the parties, at a venue on the Gold Coast within 6 weeks of the parties’ agreement on a mediator. 8. These proceedings are stayed pending the outcome of the mediation. 9. In the event that the matter is not resolved at mediation, the proceedings are stayed for a further period of 7 days from the date the mediator files his or her mediator’s certificate in the Court. 10. Further, in the event the matter does not resolve at mediation, the plaintiffs’ have leave to file and serve a further statement of claim within 21 days of the mediator’s certificate being filed in the Court.
CATCHWORDS:	PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL – where the applicants seek summary judgement – where the applicants seek a striking out of the statement of claim in the alternative – whether there should be summary judgement – whether the respondants statement of claim should be struck out – whether the parties should endeavour to solve the matter through mediation DEFAMATION – STATEMENTS AMOUNTING TO DEFAMATION – PARTICULAR STATEMENTS – INJURY TO REPUTATON IN BUSINESS, PROFESSION, TRADE OR CALLING – where respondents allege they have been defamed by statements made by members of a body…