Jamieson v Chiropractic Board of Australia

Case

[2011] QCA 56

29 March 2011


Details
AGLC Case Decision Date
Jamieson v Chiropractic Board of Australia [2011] QCA 56 [2011] QCA 56 29 March 2011

CaseChat Overview and Summary

Jamieson applied for an extension of time to bring a defamation action against the Chiropractic Board of Australia, arguing that it was not reasonable for him to have commenced the action within one year from the date of publication of defamatory material on the Board's website. The primary judge denied the application, but the appeal was allowed by the court. Jamieson sought an extension of time to bring a defamation action against the Chiropractic Board of Australia, which had published defamatory material on its website. The legal issue before the court was whether it was not reasonable for Jamieson to have commenced the action within one year from the date of publication. The court found that it was not reasonable for Jamieson to have commenced the action within the one-year period, as he was not aware of the defamatory material until some time after its publication. The court held that the primary judge had erred in finding that it was reasonable for Jamieson to have commenced the action within the one-year period. The court granted the application for an extension of time to file proceedings for defamation, ordering that Jamieson be granted an extension of time to file proceedings for defamation to 16 April 2010. The appeal was allowed with costs, and the orders made by the primary judge were set aside. The proceedings continue against the Chiropractic Board of Australia, and the application to admit further evidence was refused.
Details

Areas of Law

  • Civil Litigation & Procedure

  • Defamation

Legal Concepts

  • Limitation Periods

  • Defamation

  • Compensatory Damages

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

36

Schoch v Palmer [2016] QSC 147
Findley v Morand [2014] QSC 297
Cases Cited

12

Statutory Material Cited

7

Cited Sections