Jones v Aussie Networks Pty Ltd

In the matter of Jones v Aussie Networks Pty Ltd, the applicant sought leave to add parties to a defamation action in the Supreme Court of Queensland. The applicant, who had already initiated a defamation proceeding against Aussie Networks, wished to add Australian Shareholder Centre Pty Ltd as a second plaintiff and Joseph Keith Eiby as a second defendant. Aussie Networks consented to the addition of Eiby but contested the inclusion of Australian Shareholder Centre Pty Ltd, arguing that it was not an 'excluded corporation' under the Defamation Act 2005 (Qld) and therefore lacked the right to sue for defamation. Aussie Networks further contended that procedural and evidentiary complications would arise from the addition of the corporation as a plaintiff.

The central legal issue before the court was whether Australian Shareholder Centre Pty Ltd should be permitted to join the proceeding as a second plaintiff. This required an examination of the definition of 'excluded corporation' under the Defamation Act 2005 (Qld) and the interplay with the Corporations Act 2001 (Cth). Additionally, the court needed to consider whether any procedural or evidentiary hurdles would be insurmountable if the corporation was allowed to join the proceeding.

The court found that Australian Shareholder Centre Pty Ltd was not an excluded corporation and, therefore, was eligible to bring a defamation action. The court further determined that the respondent's arguments regarding procedural and evidentiary issues were not sufficient to preclude the corporation from joining the proceeding. The court granted the application, allowing Australian Shareholder Centre Pty Ltd to be added as a second plaintiff and Joseph Keith Eiby as a second defendant. The applicant and Australian Shareholder Centre Pty Ltd were permitted to amend their claim and statement of claim to reflect these changes, with the amended documents to be filed and served by a specified date. The costs of the application were to be borne by the applicant.