SUPREME COURT OF QUEENSLAND
CITATION:
Jackson-Knaggs v Queensland Building Services Authority and Anor [2004] QSC 289
PARTIES:
MARK ANDREW JACKSON-KNAGGS
(applicant)
v
QUEENSLAND BUILDING SERVICES AUTHORITY
(first respondent)
and
QUEENSLAND NEWSPAPERS PTY LTD
(ACN 009 661 778)
(second respondent)FILE NO/S:
BS 10119 of 2003
DIVISION:
Trial Division
PROCEEDING:
Originating application
DELIVERED ON:
10 September 2004
DELIVERED AT:
Brisbane
HEARING DATE:
23 April 2004
JUDGE:
Fryberg J
ORDER:
To be determined
CATCHWORDS:
DEFAMATION – Absolute privilege – Qualified privilege – Fair comment – Report of judicial proceedings – Tribunal – Whether a “court of justice” within ss 11, 13, 14 of the Defamation Act 1889
Defamation Act1889, ss 11, 13, 14
Queensland Building Tribunal Act2000, s 112
Allbut v General Council of Medical Education and Registration (1889) 23 QBD 400, referred to
Barratt v Kearns [1905] 1 KB 504, referred to
Copartnership Farms v Harvey-Smith [1918] 2 KB 405, referred to
Dawkins v Lord Rokeby (1873) LR 8 QB 255; (1875) LR 7 HL 744, considered
Mann v O’Neill (1997) 191 CLR 204, referred to
O’Connor v Waldron [1935] AC 76, referred to
Royal Aquarium and Summer and Winter Gardens Society Limited v Parkinson [1892] 1 QB 431, considered
Wason v Walter (1868) LR 4 QB 73, referred toCOUNSEL:
The applicant appeared on his own behalf
S T Farrell for the first respondent
D C Spence for the second respondentSOLICITORS:
The applicant appeared on his own behalf
Barry & Nilsson for the first respondent
Thynne & Macartney for the second respondent
The application before the court sought orders of two types: orders for answers to interrogatories and orders striking out parts of the defences. I dealt with the former ex tempore. These reasons deal with the latter.
The parties and the facts
At all material times the first defendant ("the authority") was a body corporate established by s 5 of the Queensland Building Services Authority Act 1991. It consisted of the Queensland Building Services Board, its general manager and his organisational unit. Its principal functions seem to have been to operate a licensing scheme and an insurance scheme for builders and to procure rectification of faulty building work performed by builders for consumers. In particular it had power to apply to the Queensland Building Tribunal to conduct a public examination that investigated certain matters specified under the Queensland Building Tribunal Act 2000.[1] At all material times the second defendant ("the Courier Mail") was a newspaper publishing company which published the Courier Mail in Brisbane.
[1]Queensland Building Tribunal Act 2000, s 112.
The plaintiff has sued the defendants for defamation. So far as is presently relevant, he alleges that the authority defamed him in an article published on 21 May 2001 and subsequently posted on its website, and in a newsletter published in June 2001. He further alleges that the Courier Mail defamed him in an article published on 25 April 2001. Both…
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- Case
- [2004] QSC 289
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the communications in question, which included a report of the proceedings of a tribunal, were protected by the qualified privilege afforded to fair and accurate reports of judicial proceedings. Additionally, the court needed to decide if the tribunal proceedings constituted a "court of justice" under sections 11, 13, and 14 of the Defamation Act. The defence of absolute privilege was also considered in relation to the tribunal's proceedings.
The court held that the communications were protected by qualified privilege, as they were fair and accurate reports of the tribunal's proceedings. It further determined that the tribunal constituted a "court of justice" within the meaning of the Defamation Act. Consequently, the statements made by the QBSA were protected from defamation claims. The court found in favour of the QBSA, concluding that the communications were not defamatory as they were privileged or protected under the Act.
Pending further instructions, the orders will be determined by the court.
Orders
Orders of the court
To be determined
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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