SUPREME COURT OF QUEENSLAND
CITATION: Ivory v Telstra Corporation Limited & Anor [2001] QSC 102 PARTIES: KENNETH CLYDE IVORY
(plaintiff)
v
TELSTRA CORPORATION LIMITED
(CAN 051 775 556)
(first defendant)
STEPHEN JOHN MEAD
(second defendant)FILE NO/S: S 9084/99 DIVISION: Trial Division DELIVERED ON: 11 April 2001 DELIVERED AT: Brisbane HEARING DATE: 29 January 2001 JUDGE: Douglas J ORDER: Action dismissed CATCHWORDS: MALICIOUS PROCEDURE AND FALSE IMPRISONMENT – MALICIOUS CRIMINAL AND CIVIL PROCEEDINGS – ESSENTIALS OF CAUSE OF ACTION GENERALLY – MALICE – whether the defendants maliciously and without reasonable and probable cause laid the complaint on which the prosecution and the warrant upon the plaintiff was made MALICIOUS PROCEDURE AND FALSE IMPRISONMENT – MALICIOUS CRIMINAL AND CIVIL PROCEEDINGS – ABUSE OF PROCESS – whether the defendants made and brought the complaint and prosecution of the plaintiff for the improper purposes of bringing pressure to bear on the plaintiff to cause himself and third parties to withdraw demands for civil compensation, and to pay disputed accounts owing to the first defendant
MALICIOUS PROCEDURE AND FALSE
IMPRISONMENT – FALSE IMPRISONMENT – ESSENTIALS OF CAUSE OF ACTION OFFENCES AGAINST PEACE AND PUBLIC ORDER – INSULTING, ABUSIVE, UNSEEMLY OR THREATENING LANGUAGE AND BEHAVIOUR – GENERALLY – whether the behaviour of the plaintiff towards employees of the first defendant reasonably amounted to acts invoking fear and threatening behaviour that would warrant prosecution under the Peace and Good Behaviour Act 1982 Peace and Good Behaviour Act 1982 Abrath v North Eastern Railway Co (1882-1883) 11 QBD
440
Australian Solar Mesh Sales Pty Ltd v Anderson [1999] FCA
641
Bayliss v Cassidy & Ors (1998) QSC 186
Gibbs v Rea (1998) 3 WLR 72
Glinski v McIver (1962) AC 726
Hope v Evered (1886) 17 QBD 338
Johnstone v Sutton 1 Term Rep 493
Mitchell v John Heine & Son Ltd (1938) 38 SR NSW 466
Rapley v Rapley (1930) 30 SR(NSW) 94
Williams v Spautz (1992) 174 CLR 509COUNSEL: K Ivory self represented
P A Keane QC, SG and with him L Kelly for first and second
defendantsSOLICITORS: K Ivory self represented
Thynne & Macartney for first and second defendants
DOUGLAS J: This action has its genesis in a dispute which arose between the plaintiff, Kenneth Clyde Ivory, and the first defendant, Telstra Corporation Limited, concerning the change by the first defendant from the 008 system of toll free telephone calls to a system which altered the prefix to 1800. The plaintiff claims that as a result of the change and because of the first defendant’s default his subscription to the toll free service was, for a considerable time, not operative and that as a result he (and or entities associated with him) suffered damage.
The evidence reveals that he began to make a series of complaints to the first defendant and, according to him, he has achieved no satisfactory result. The question of whether or not he (or his associates) are entitled to damages for the first defendant’s default in those…
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- AGLC
- Ivory v Telstra Corporation Ltd [2001] QSC 102
- Case
- [2001] QSC 102
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the defendant's actions were malicious and without reasonable and probable cause. The essential elements of the cause of action generally include the absence of probable cause and actual malice. The court had to examine the circumstances under which the complaint was made and whether there was an absence of probable cause, as well as whether there was actual malice on the part of the defendant.
In evaluating the case, the court found that the defendant did not act with malice and had reasonable and probable cause for laying the complaint. The court concluded that the defendant's actions did not meet the criteria for malicious prosecution or false imprisonment. Consequently, the action was dismissed.
Orders
Orders of the court
Action dismissed
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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