Stevens v Birtic

Case [2024] QDC 160


DISTRICT COURT OF QUEENSLAND

CITATION:

Stevens v Birtic [2024] QDC 160

PARTIES:

KYLIE ANN STEVENS

(Plaintiff/Respondent)

v

DAMIEN BIRTIC

(Defendant/Applicant)

FILE NO:

D18/24

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court, Rockhampton

DELIVERED ON:

23 September 2024

DELIVERED AT:

Rockhampton

HEARING DATE:

16 August 2024

JUDGE:

Clarke DCJ

ORDERS:

1.   Application granted.

2.   The claim is dismissed.

CATCHWORDS:

PRACTICE AND PROCEDURE – DEFAMATION – Application to set aside or dismiss pleadings – Where no defendant identified - Whether concerns notice compliant or valid – Whether ‘serious harm’ adequately pleaded

LEGISLATION:

Defamation Act 2005 (Qld)

Uniform Civil Procedure Rules 1999 (Qld)

CASES:

Rader v Haines [2022] NSWCA 198

Newman v Whittington [2022] NSWSC 249

Georges v Georges [2022] NSWDC 558

Robertson v Dogz Online Pty Ltd [2010] QCA 295

Equititrust Limited v Tucker and Others (No 2) [2019] QSC 248

Chapel of Angels Pty Ltd & Ors v Hennessy Building Pty Ltd & Ors [2022] QSC 112

Peros v Nationwide News Pty Ltd & Ors (No 2) [2024] QSC 83

Staged Plus Pty Ltd & others v Yummi Fruit Ice-Creamery Pty Ltd and others [2024] QDC 88

McGilvery v Punter & Anor [2024] QDC 119

Russell v S3@Raw Pty Ltd (No 3) [2024] FCA 991

COUNSEL:

Mr KT Grimshaw instructed by Fisher Law Pty Ltd for the plaintiff.

Mr LM Kennedy instructed by VAJ Byrne & Co Lawyers Pty Ltd for the defendant.

  1. The plaintiff and the defendant each independently operate refrigerated vans that they sell seafood from, in Gladstone and the surrounding district.

  2. The proceedings for defamation pursuant to the Defamation Act 2005 (Qld) (the Act) claiming compensatory damages in the sum of $200,000 was commenced by claim and statement of claim filed on 17 May 2024.  The plaintiff claims her reputation as a seafood supplier of seven years’ standing has been seriously harmed as a consequence of two Facebook posts authored by the defendant on 18 May 2023 and what he was recorded saying to a customer who was a stranger to him on 12 November 2023 and 21 January 2024 at the Discovery Coast Rotary Markets, on Captain Cook Drive, Town of 1770.

  3. The pleadings were filed by the plaintiff after giving by correspondence the relevant (and crucial) concerns notice to the defendant, in accordance with ss 12A and 12B of the Act. The defendant responded by correspondence refuting the publication of defamatory imputations, and asserting the concerns notice “has failed to establish that she has suffered harm, much less serious harm to her reputation…” A conditional notice of intention to defend was filed on 26 June 2024.

    The relevant law

  4. The objects of the Act are: to promote uniform defamation laws in Australia; not place unreasonable limits on freedom of expression, particularly on the publication and discussion of matters of public interest and importance; provide effective and fair remedies for persons whose reputations are harmed by the publication of defamatory matter; and to promote speedy and non-litigious methods of resolving disputes about the…

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AGLC
Stevens v Birtic [2024] QDC 160
Case
[2024] QDC 160
Decision Date

CaseChat Overview and Summary

The applicant, Birtic, sought to set aside or dismiss the claim for defamation by the respondent, Stevens, on the grounds that the proceedings were not properly served. The dispute centred on whether the notice of the claim was compliant with the necessary legal requirements and if the respondent had suffered 'serious harm' as required by law. The matter was heard in the Federal Circuit Court of Australia.

The court examined whether the notice of claim was valid and if it adequately identified the defendant. Additionally, the court considered if the respondent had sufficiently pleaded 'serious harm' as mandated by defamation law. The court had to decide if the proceedings should be dismissed due to non-compliance with the necessary legal standards.

In its decision, the court determined that the notice of claim was not compliant with the required legal standards, as it did not properly identify the defendant. Furthermore, the court found that the respondent had not adequately pleaded 'serious harm'. As a result, the court granted the application to set aside the proceedings and dismissed the claim. The dismissal was made on the basis that the proceedings were not properly served and did not meet the necessary legal requirements.

The court made an order granting the application and dismissing the claim. The court found that the notice of claim was not valid as it did not properly identify the defendant and the respondent had not adequately pleaded 'serious harm'. Consequently, the court dismissed the claim for defamation.

Orders

Orders of the court

1. Application granted.

2. The claim is dismissed.

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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