Knapp v Hinchliffe

Case [2004] QSC 326


SUPREME COURT OF QUEENSLAND

CITATION:

Knapp v Hinchliffe [2004] QSC 326

PARTIES:

GERALDINE MARY KNAPP
(plaintiff/respondent)
v
DAVID HINCHLIFFE
(defendant/applicant)

FILE NO/S:

S8342 of 1999

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

22 September 2004

DELIVERED AT:

Brisbane

HEARING DATE:

12 July 2004

JUDGE:

McMurdo J

ORDER:

1.   Paragraphs 4(b)(ii), 5(b), 5(c), 7(b)(ii)A, 7(b)(ii)E, 7(b)(ii)F, 7(b)(ii)I, 9(b) of the Reply will be struck out.

2. The plaintiff will be ordered to provide particulars of paragraphs 7(b)(ii) and 9(c)(v) by specifying the parties from whom the defendant should have inquired as to the accuracy of the publication, by identifying those persons by name or description.

3.   The application filed on 10 June 2004 is otherwise dismissed.

CATCHWORDS:

DEFAMATION – ACTIONS FOR DEFAMATION – PLEADING – where Reply pleads that plaintiff is aware that the defendant’s costs of proceedings are protected by insurance policy – whether defendant’s insurance is relevant – whether pleading should be struck out

DEFAMATION – ACTIONS FOR DEFAMATION – PLEADING – QUEENSLAND – where defendant pleads qualified privilege – where Reply pleads that publication was not for the public good – whether for “public good” if no steps taken to verify truth of publication – whether pleading only goes to issue of good faith – whether pleading should be struck out

DEFAMATION – ACTIONS FOR DEFAMATION – PLEADING – QUEENSLAND – where Reply pleads the reason by why the defendant intended to make a statement on a subject – whether distinction between purposes and motive in s 16(1) of Defamation Act 1889 – whether pleading only goes to issue of good faith – whether pleading should be struck out

DEFAMATION – ACTIONS FOR DEFAMATION – PLEADING – QUEENSLAND – where Defence pleads extended category of qualified protection under the common law based on Lange v Australian Broadcasting Corporation – where Reply pleads that defendant is not entitled to rely upon any extended defence of qualified protection – where particulars allege publication was unreasonable, excessive or motivated by ill will – where defendant argues that particulars provided by plaintiff are not capable of proving unreasonable publication – whether each particular is relevant – whether any of the particulars should be struck out

DEFAMATION – ACTIONS FOR DEFAMATION – PLEADING – QUEENSLAND – where Reply alleges defendant failed to take proper steps to verify the accuracy of the publication – whether particulars of steps which should have been taken including the identification or categorisation of those parties is necessary

Criminal Code (Qld), s 377
Defamation Act
1889 (Qld), s 16(1), s 16(1)(c), s 16(1)(e), s 16(1)(h),
Uniform Civil Procedure Rules
, r 150(2)

Amalgamated
Television Services Pty Ltd v Marsden [2002] NSWCA 419, applied
Bellino v Australian Broadcasting Corporation (1996) 185 CLR 183, considered
Bridges v Australian Consolidated PressLtd [1967] 2 NSWR 511, considered
Calwell v IPEC Australia Ltd (1975) 135 CLR 321, cited
Cashman v Hinchcliffe
[2003] QCA 161, cited
Cotogno v Lamb (No 3) (1986) 5…

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AGLC
Knapp v Hinchliffe [2004] QSC 326
Case
[2004] QSC 326
Decision Date

CaseChat Overview and Summary

The case of Knapp v Hinchliffe involved a defamation claim brought by the plaintiff against the defendant. The plaintiff sought to have certain pleadings in the defendant’s reply to the original statement of claim struck out. The Queensland Supreme Court was tasked with determining the admissibility of these pleadings under the Defamation Act 1889 (Qld) and common law principles.

The court needed to decide whether certain pleadings were relevant to the issues in the case, particularly those concerning the defendant's costs being protected by insurance, the absence of steps to verify the truth of the publication, the distinction between the defendant's purpose and motive, and the failure to take proper steps to verify the accuracy of the publication. The court also had to determine whether specific particulars were necessary to support the allegations made by the plaintiff.

The court held that several of the pleadings in the reply were irrelevant to the issues in the case. These included references to the defendant's insurance coverage, the distinction between the defendant's purpose and motive, and specific allegations about the reasonableness and motivation behind the publication. The court found that these pleadings did not go beyond the issue of good faith and were thus not relevant to the defamation claim. However, the court did not strike out all pleadings, and it ordered the plaintiff to provide further particulars regarding the parties from whom the defendant should have sought verification of the publication's accuracy. The plaintiff was also ordered to specify the parties by name or description.

The court dismissed the application filed on 10 June 2004 in all other respects, allowing the remaining pleadings to stand. The court's decision focused on the relevance of the pleadings to the defamation claim and the necessity of providing specific details to substantiate the allegations made by the plaintiff.

Orders

Orders of the court

1. Paragraphs 4(b)(ii), 5(b), 5(c), 7(b)(ii)A, 7(b)(ii)E, 7(b)(ii)F, 7(b)(ii)I, 9(b) of the Reply will be struck out.

2. The plaintiff will be ordered to provide particulars of paragraphs 7(b)(ii) and 9(c)(v) by specifying the parties from whom the defendant should have inquired as to the accuracy of the publication, by identifying those persons by name or description.

3. The application filed on 10 June 2004 is otherwise 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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