Robertson v Dogz Online

Case [2011] QSC 158


SUPREME COURT OF QUEENSLAND

CITATION:

Robertson v Dogz Online & anor [2011] QSC 158

PARTIES:

GERALDINE FOOI-FONG ROBERTSON
(plaintiff)
v
DOGZ ONLINE PTY LTD
ABN 35 112 063 331
(first defendant)

and

TROY GERARD CUMNER
(second defendant)

FILE NO:

2263 of 2009

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

6 June 2011

DELIVERED AT:

Brisbane

HEARING DATE:

11 February 2011, written submissions 14 & 16 February 2011

JUDGE:

Ann Lyons J

ORDER:

The plaintiff is given leave to file an amended claim in the form exhibited at CY 4 in the affidavit of C Yeo sworn 10 February 2011.(1)   

The plaintiff is given leave to file the proposed statement of claim (PSOC) after it has been amended to address the following:(2)   

The requirements of r 155 must be satisfied.  i.   

In paragraph 44 the plaintiff should identify the words which are said to be defamatory and the imputations the words pleaded give rise to.  ii.   

In paragraph 72(d) the plaintiff should identify the imputations the words pleaded give rise to.  iii.   

In paragraph 89 the plaintiff should identify the words which are said to be defamatory and the imputations the words pleaded give rise to.   iv.   

In paragraph 110 the plaintiff should identify the words which are said to be defamatory and which are said to give rise to the imputations pleaded.  v.   

In paragraph 144 the plaintiff should identify how the imputations pleaded arise out of the thirty-second publication.  vi.   

In paragraph 148 (a) and (b) the plaintiff should delete the duplicitous material  vii.   

The plaintiff is given leave to dispense with the requirement to ‘mark up’ the amendments (3)   

The plaintiff’s application for leave to file and serve the interrogatories in the form exhibited at CY 1 to the affidavit of C Yeo filed 21 January 2011 is refused.(4)   

The first and second defendants’ application that judgment be entered in favour of the first and second defendants is refused.(5)   

The first and second defendants’ application that the proceedings be stayed permanently as an abuse of process or alternatively be stayed until such time as a security for costs is provided by the plaintiff is refused(6)   .

CATCHWORDS:

PROCEDURE – SUPREME COURT PROCEDURE –QUEENSLAND – PLEADING – STATEMENT OF CLAIM – where the plaintiff seeks leave to file a statement of claim – where previous versions of the statement of claim have been struck out – where plaintiff no longer a self represented litigant – whether the plaintiff should be granted leave to file the latest version of the statement of claim – whether the statement of claim needs to be “marked up”

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – ABUSE OF PROCESS – STAY OF PROCEEDINGS – Where defendants apply for the proceedings to be permanently stayed as an abuse of process or in the alternative that the plaintiff provide a security for costs – where evidence that a friend of the plaintiff has undertaken to…

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AGLC
Robertson v Dogz Online [2011] QSC 158
Case
[2011] QSC 158
Decision Date

CaseChat Overview and Summary

Robertson, the plaintiff, sought leave to file an amended statement of claim against Dogz Online, the defendant, in the Supreme Court of Queensland. The plaintiff, previously a self-represented litigant, was now represented by counsel and sought leave to file a further amended statement of claim after previous versions had been struck out. The plaintiff also sought leave to file interrogatories for the examination of the second defendant. Dogz Online opposed the plaintiff's applications and sought to have the proceedings stayed permanently as an abuse of process or, in the alternative, that the plaintiff provide a security for costs.

The court considered whether the plaintiff should be granted leave to file the latest version of the statement of claim, whether the statement of claim needed to be "marked up", and whether the plaintiff should be granted leave to file and serve interrogatories. The court also considered whether the proceedings should be stayed as an abuse of process or until a security for costs was provided.

The court held that the plaintiff should be granted leave to file an amended claim and the proposed statement of claim, provided certain requirements were met. The court held that the plaintiff was not required to "mark up" the amendments and that the plaintiff's application for leave to file and serve interrogatories should be refused. The court also held that the defendants' applications for judgment in their favour and for the proceedings to be stayed should be refused.

The plaintiff is given leave to file an amended claim and the proposed statement of claim, subject to certain conditions being met. The plaintiff is also given leave to dispense with the requirement to "mark up" the amendments. The plaintiff's application for leave to file and serve interrogatories is refused. The defendants' applications for judgment in their favour and for the proceedings to be stayed are refused.

Orders

Orders of the court

The plaintiff is given leave to file an amended claim in the form exhibited at CY 4 in the affidavit of C Yeo sworn 10 February 2011.(1)

The plaintiff is given leave to file the proposed statement of claim (PSOC) after it has been amended to address the following:(2)

The requirements of r 155 must be satisfied. i.

In paragraph 44 the plaintiff should identify the words which are said to be defamatory and the imputations the words pleaded give rise to. ii.

In paragraph 72(d) the plaintiff should identify the imputations the words pleaded give rise to. iii.

In paragraph 89 the plaintiff should identify the words which are said to be defamatory and the imputations the words pleaded give rise to. iv.

In paragraph 110 the plaintiff should identify the words which are said to be defamatory and which are said to give rise to the imputations pleaded. v.

In paragraph 144 the plaintiff should identify how the imputations pleaded arise out of the thirty-second publication. vi.

In paragraph 148 (a) and (b) the plaintiff should delete the duplicitous material vii.

The plaintiff is given leave to dispense with the requirement to ‘mark up’ the amendments (3)

The plaintiff’s application for leave to file and serve the interrogatories in the form exhibited at CY 1 to the affidavit of C Yeo filed 21 January 2011 is refused.(4)

The first and second defendants’ application that judgment be entered in favour of the first and second defendants is refused.(5)

The first and second defendants’ application that the proceedings be stayed permanently as an abuse of process or alternatively be stayed until such time as a security for costs is provided by the plaintiff is refused(6) .

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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