Leigh v Bruder Expedition Pty Ltd

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SUPREME COURT OF QUEENSLAND

CITATION:

Leigh v Bruder Expedition Pty Ltd [2020] QCA 246

PARTIES:

TRACY LEIGH
(appellant)
v
BRUDER EXPEDITION PTY LTD
ACN 603 551 579
(respondent)

FILE NOS:

Appeal No 13340 of 2019
DC No 2380 of 2019

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

District Court at Brisbane – Unreported, 1 November 2019 and Unreported, 20 December 2019 (Sheridan DCJ)

DELIVERED ON:

Date of Publication of Judgment: 10 November 2020
Date of Publication of Addendum: 18 December 2020

DELIVERED AT:

Brisbane

HEARING DATE:

6, 7 May 2020

JUDGES:

Sofronoff P and Davis and Wilson JJ

ORDERS:

1.   Appeal allowed.

2.   Orders made by Sheridan DCJ on 1 November 2019 and on 20 December 2019 are set aside.

3.   The respondent’s claim is dismissed.

4.   The respondent pay the costs of the appellant of and incidental to the trial and the appeal.

CATCHWORDS:

APPEAL AND NEW TRIAL – NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS – PARTICULAR GROUNDS – MISDIRECTION OR NON-DIRECTION – where the respondent is a seller of off-road caravans – where the appellant allowed others to publish material on her website “Lemon Caravans & RVs in Aus” which was critical of the respondent – where the appellant also published her own material on her website which was critical of the respondent – where the respondent brought proceedings in the District Court alleging that the appellant made these publications maliciously and with the intention of causing financial harm to the respondent – where the respondent claimed it had suffered loss of profits by reason of the appellant’s publication of these malicious falsehoods – where after the trial the jury found that the appellant had made statements that the respondent’s caravans were defective, of poor quality, unsafe and overpriced – where the jury found that the appellant made the statements with the intention of causing financial harm to the respondent – where the learned trial judge gave judgment in favour of the respondent in the sum of $357,000 – where the appellant’s counsel at trial submitted that the jury should be directed in terms of the dicta of Dixon J in Briginshaw v Briginshaw – where the learned trial judge directed the jury about the onus of proof, notably, that the onus was similar to weighing the cases on a set of scales – where the learned trial judge directed the jury about malice – where the allegations made by the respondent against the appellant were serious because they impugned her integrity – whether the jury was misdirected as to the appropriate standard of proof

APPEAL AND NEW TRIAL – NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS – PARTICULAR GROUNDS – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – where the respondent is a seller of off-road caravans – where the appellant allowed others to publish material on her website “Lemon Caravans & RVs in Aus” which was critical of the respondent – where the appellant also published her own material on her…

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Details
Case
[2020] QCA 246
Decision Date

CaseChat Overview and Summary

In the case of Leigh v Bruder Expedition Pty Ltd, the appellant, Ms Leigh, was found liable by a jury in the District Court for publishing malicious falsehoods about the respondent, a seller of off-road caravans. The jury found that Ms Leigh had published statements that the respondent’s caravans were defective, of poor quality, unsafe, and overpriced with the intention of causing financial harm to the respondent. The jury awarded the respondent $357,000 in damages. Ms Leigh appealed against the decision on several grounds, including that the trial judge misdirected the jury on the appropriate standard of proof, improperly admitted evidence of the respondent’s loss of profits, and erred in permitting an amendment to the statement of claim.

The legal issues in the appeal revolved around whether the jury was properly directed on the standard of proof, whether the evidence of loss of profits was admissible, and whether the trial judge correctly allowed amendments to the statement of claim. Ms Leigh argued that the jury was misdirected on the standard of proof, contending that the trial judge should have directed the jury in terms of the well-known principle articulated by Dixon J in Briginshaw v Briginshaw. She further argued that the evidence of loss of profits was inadmissible because the graphs presented as evidence were not prepared by the witness and the witness could not explain the basis for the expected sales or the timing of the expectations. Lastly, Ms Leigh contended that the trial judge erred in permitting amendments to the statement of claim relating to the respondent’s loss and damage, as these amendments altered the nature of the case and prejudiced her.

The Court found that the trial judge misdirected the jury on the appropriate standard of proof, as the judge did not adequately explain the standard of proof required for malicious falsehood claims. The Court also found that the evidence of loss of profits was inadmissible because it was not properly authenticated and the witness could not adequately explain the basis for the expected sales figures. Finally, the Court found that the amendments to the statement of claim were improper as they introduced new issues that were not part of the original case. These errors were significant enough to warrant setting aside the orders made by the trial judge and dismissing the respondent’s claim. The Court further ordered that the respondent pay the costs of the appellant both at trial and on appeal.

Orders

Orders of the court

1. Appeal allowed.

2. Orders made by Sheridan DCJ on 1 November 2019 and on 20 December 2019 are set aside.

3. The respondent’s claim is dismissed.

4. The respondent pay the costs of the appellant of and incidental to the trial and the appeal.

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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