Noonan v MacLennan

Case [2010] QCA 50


SUPREME COURT OF QUEENSLAND

CITATION:

Noonan v MacLennan & Anor [2010] QCA 50

PARTIES:

MICHAEL NOONAN
(plaintiff/respondent)
v
GARY MACLENNAN
(first defendant/first applicant/appellant)
JOHN HOOKHAM
(second defendant/second applicant/appellant)

FILE NO/S:

Appeal No 9941 of 2009
DC No 1672 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Application for leave s 118 DCA (Civil)

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

12 March 2010

DELIVERED AT:

Brisbane

HEARING DATE:

25 February 2010

JUDGES:

Keane and Holmes and Chesterman JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

Leave to appeal granted1.   

Appeal allowed2.   

Decision below is set aside and judgment given for the defendants against the plaintiff3.   

Plaintiff to pay the defendants' costs of the action and of the appeal to be assessed on the standard basis4.   

CATCHWORDS:

LIMITATION OF ACTIONS – EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS – OTHER CAUSES OF ACTION AND MATTERS – where defendants were university lecturers – where defendants published an article critical of the plaintiff's PhD thesis on 11 April 2007 – where plaintiff alleged the criticisms were defamatory – where plaintiff initially pursued a non-legal dispute resolution process run by the university – where plaintiff commenced legal proceedings on 17 June 2009 – where s 10AA of the Limitation of Actions Act 1974 (Qld) provides that an action for defamation must not be brought after the end of one year from the date of publication of the material complained of – whether it was not reasonable in the circumstances for the plaintiff to have commenced an action within one year from the date of publication

Defamation Act 2005 (Qld), Div 1 Pt 3
District Court of Queensland Act
1967 (Qld), s 118(3)
Limitation of Actions Act
1974 (Qld), s 10AA, s 32A, s 32A(2)

Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25, cited
Murphy v Lewis
[2009] QDC 37, applied
Pickering v McArthur
[2005] QCA 294, cited
Pingle v Toowoomba Newspapers Pty Ltd unreported, P Lyons J, SC No 9056, Supreme Court of Queensland, 22 September 2009, cited
Robertson v Hollings unreported, Dutney J, SC No 2263, Supreme Court of Queensland, 6 April 2009, applied

COUNSEL:

J B Rolls for the applicants/appellants
P J Favell for the respondent

SOLICITORS:

Eardley Motteram for the applicants/appellants
H Drakos & Company for the respondent

  1. KEANE JA:  Mr Noonan is the plaintiff in an action for damages for defamation arising out of the publication of an article in "The Australian" newspaper on 11 April 2007.  Mr MacLennan and Mr Hookham are the defendants in the action.  They were at all material times staff members of the Queensland University of Technology ("the University").  The article in "The Australian" repeated the defendants' criticisms of the plaintiff's PhD thesis.  These criticisms are alleged to have been defamatory of the plaintiff. 

  1. Mr Noonan's action was commenced on 17 June 2009. By the defence in the action, the defendants…

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Details
AGLC
Noonan v MacLennan [2010] QCA 50
Case
[2010] QCA 50
Decision Date

CaseChat Overview and Summary

The case of Noonan v MacLennan involved the plaintiff, who was a PhD candidate, bringing an action against two university lecturers, the defendants, for defamation. The defamation arose from the publication of a critical article by the defendants about the plaintiff's PhD thesis on 11 April 2007. The plaintiff initiated legal proceedings on 17 June 2009, after first attempting to resolve the matter through a non-legal dispute resolution process provided by the university. The primary issue before the court was whether it was reasonable for the plaintiff to have delayed in commencing legal action under section 10AA of the Limitation of Actions Act 1974 (Qld), which mandates that actions for defamation must be brought within one year from the date of publication.

The court examined the circumstances surrounding the delay, considering factors such as the plaintiff's engagement in non-legal dispute resolution, the complexity of the issues involved, and the nature of the defamation. It was noted that the plaintiff had access to legal advice and had the opportunity to commence legal proceedings within the statutory period. The court concluded that the delay was not justified and that it was reasonable for the plaintiff to have commenced the action within the one-year limitation period. Consequently, the court found that the plaintiff's action was statute-barred and dismissed the plaintiff's claims.

The appeal was allowed, and the decision of the lower court was set aside. Judgment was entered in favour of the defendants, and the plaintiff was ordered to pay the defendants' costs of the action and the appeal, to be assessed on the standard basis. The court's decision underscored the importance of adhering to statutory limitation periods in defamation cases and highlighted the necessity for plaintiffs to act promptly in pursuing their legal remedies.

Orders

Orders of the court

Leave to appeal granted1.

Appeal allowed2.

Decision below is set aside and judgment given for the defendants against the plaintiff3.

Plaintiff to pay the defendants' costs of the action and of the appeal to be assessed on the standard basis4.

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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