Schoch v Palmer

[2016] QSC 147

SUPREME COURT OF QUEENSLAND

CITATION:

Schoch v Palmer [2016] QSC 147

PARTIES:

WILLIAM MATTHEW SCHOCH

(plaintiff)

v
CLIVE FREDERICK PALMER

(defendant)

FILE NO:

SC No 10172 of 2015

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

27 June 2016

DELIVERED AT:

Brisbane

HEARING DATE:

1 June 2016

JUDGE:

Applegarth J

ORDER:

1.    Application filed 24 May 2016 dismissed.

2.    Paragraphs 6 to 29 of the Amended Statement of Claim dated 19 April 2016 are struck out.

3.    The plaintiff has leave to amend paragraph (a)(i) of the Claim by deleting “$1,777,500” and replacing it with “$711,000” and deleting “5” and replacing it with “2”.

4.    Paragraph 3 of the defendant’s cross-application filed 31 May 2016 is adjourned to a date to be fixed.

CATCHWORDS:

LIMITATION OF ACTIONS – EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS – OTHER CAUSES OF ACTION AND MATTERS – where the plaintiff sued the defendant for making five alleged defamatory statements – where the limitation period under
s 10AA of the Limitation of Actions Act 1974 (Qld) in respect of three of those statements had expired – whether it was not reasonable in the circumstances to have commenced an action within the one year limitation period – whether that limitation period should be extended pursuant to s 32A of the Limitation of Actions Act 1974 (Qld)

Defamation Act 2005 (Qld), s 14

Limitation of Actions Act 1974 (Qld), s 10AA, s 32A,
s 32A(2)

Argus Probity Auditors and Advisors Pty Ltd & Ors v Queensland Rail Ltd [2014] QSC 161 cited
Bidstrup v Cullen [2013] SASC 136 cited
Carey v Australian Broadcasting Corporation (2012) 84 NSWLR 90 followed
Cerutti v Crestside Pty Ltd [2016] 1 Qd R 89; [2014] QCA 33 cited
Findley v Morand [2014] QSC 297 cited
Houda v State of New South Wales [2012] NSWSC 1036
Hunter v Hanson [2014] NSWCA 263 cited
Jamieson v Chiropractic Board of Australia [2011] QCA 56 cited
Maccaba v Lichtenstein [2003] EWHC 1325 cited
Noonan v MacLennan [2010] 2 Qd R 537; [2010] QCA 50 followed
Pingel v Toowoomba Newspapers Pty Ltd [2010] QCA 175 followed
Ritson v Gay and Lesbian Community Publishing Ltd [2012] NSWSC 483 cited
State of Queensland v O’Keefe [2016] QCA 135 followed

York v Morgan [2015] NSWDC 109 cited

COUNSEL:

The plaintiff appeared in person

C A Johnstone for the defendant

SOLICITORS:

The plaintiff appeared in person

Kilmurray Legal for the defendant

1. The plaintiff, Mr Schoch, is a chartered accountant.  The defendant, Mr Palmer, is a prominent public figure, a company director and a businessman.

2. Mr Palmer and Mr Schoch were once close.  Mr Schoch did some audit work for one of Mr Palmer’s companies in the late 1990s and early 2000s.  In May 2011 Mr Schoch responded to an advertisement for the position as Chief Financial Officer of one of

   
   

   Mr Palmer’s companies.  He commenced employment in June 2011 and went on to hold positions of high responsibility.  However, Mr Palmer and Mr Schoch had a falling…