SUPREME COURT OF QUEENSLAND
CITATION:
Pavlovic & Anor v Karzon [2023] QCA 37
PARTIES:
RENEE PAVLOVIC
(first applicant)
WANDULLA PTY LTD
ACN 061 467 865
(second applicant)
v
GEORGE RAYMOND KARZON
(respondent)FILE NO/S:
Appeal No 11352 of 2022
DC No 92 of 2019DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension of Time s 118 DCA (Civil)
ORIGINATING COURT:
District Court at Southport – [2022] QDC 187 (Jackson QC DCJ)
DELIVERED ON:
14 March 2023
DELIVERED AT:
Brisbane
HEARING DATE:
6 March 2023
JUDGES:
Bond JA and Boddice AJA and Bradley J
ORDERS:
1. The application to extend the time for filing the application for leave to appeal is allowed.
2. The application for leave to appeal is refused.
3. The applicants pay the respondent’s costs of the applications.
CATCHWORDS:
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – WHEN GRANTED – where the application for leave to appeal was filed ten days out of time – where the delay was explained by a delay in receiving counsel’s advice – where the proposed grounds of appeal raise matters of substance – whether an extension of time should be granted for the application for leave to appeal
DEFAMATION – PRIVILEGE – QUALIFIED PRIVILEGE – STATEMENTS MADE IN RESPECT OF A DUTY OR INTEREST – PARTICULAR STATEMENTS – ON MATTERS OF COMMON INTEREST – where the respondent was the beneficial owner of a shop leased to a Thai massage business – where the Thai massage business was rumoured to be offering illegal sexual services – where the respondent and the first applicant were both members of the body corporate committee for the retail plaza in which the massage business was located – where the respondent was the chairman of the body corporate committee – where the first applicant sent an unsolicited email to other members of the body corporate committee accusing the respondent of knowing about and condoning the alleged provision of illegal sexual services – where the trial judge found that the communications were defamatory – where the trial judge found that the other members of the body corporate committee had no relevant interest in receiving the communication – whether the trial judge erred in finding that there was no occasion of qualified privilege
DEFAMATION – PRIVILEGE – QUALIFIED PRIVILEGE – REBUTTAL OF PRIVILEGE BY MALICE – EVIDENCE OF MALICE – where the trial judge found that the first applicant made no attempt to satisfy herself of the truth of the rumours on which the defamatory assertions were based – where the trial judge found that the first applicant used spiteful language which sought to ridicule and embarrass rather than to inform – where the trial judge found that the defamatory assertions were voluntary and spontaneous – where the trial judge found that the first applicant was in a separate dispute with the respondent which the first applicant regarded as petty – where the trial judge found that the second defamatory assertion…
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- AGLC
- Pavlovic v Karzon [2023] QCA 37
- Case
- [2023] QCA 37
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. The application to extend the time for filing the application for leave to appeal is allowed.
2. The application for leave to appeal is refused.
3. The applicants pay the respondent’s costs of the applications.
Background
Background to the litigation
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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