Van Riet v ACP Publishing Pty Ltd

[2003] QCA 37

SUPREME COURT OF QUEENSLAND

CITATION:

Van Riet & Ors v ACP Publishing P/L [2003] QCA 37

PARTIES:

MERLE ELLEN VAN RIET (aka ELLENA VAN RIET)
(first plaintiff/first respondent)
JACK VAN RIET
(second plaintiff/second respondent)
VAN RIET ARCHITECTS PTY LTD ACN 011 032 974
(third plaintiff/third respondent/applicant)
v
ACP PUBLISHING PTY LTD ACN 053 273 546
(defendant/appellant/applicant)

FILE NO/S:

Appeal No 3591 of 2002
Appeal No 4001 of 2002
DC No 1237 of 1999

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal
Application for leave s 118 DCA (Civil)

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

14 February 2003

DELIVERED AT:

Brisbane

HEARING DATE:

13 November 2002

JUDGES:

McMurdo P, Davies and Jerrard JJA
Joint reasons for judgment of McMurdo P and Jerrard JA; separate reasons for judgment of Davies JA, dissenting in part

ORDERS:

1.  Dismiss the applicant/defendant's appeal with costs to be assessed.  Extend the time within which to file the applicant/defendant's appeal until 3 May 2002.  Refuse the applicant/defendant's application for leave to appeal with costs to be assessed

2.  Refuse the applicant/third respondent's cross-appeal and application for leave to appeal with costs to be assessed

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – where judgment not an amount equal to or more than the Magistrates Courts jurisdictional limit – where appellant seeks right of appeal under s 118(2) District Court of Queensland Act 1967 (Qld)

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – DEFAMATION – whether publication capable of being defamatory – whether the question of aggravated damages should have been allowed to go to the jury – whether damages awarded in each case were outside the appropriate range – whether the learned trial judge erred in not admitting evidence relevant to the first plaintiff's income prospect – whether appellant/applicant requires extension of time within which to file application

Defamation Act 1884 (Qld), s 18
District Court of Queensland Act 1967 (Qld), s 118(2), s 118(3), s 119(2)(b)
Magistrates Courts Act 1921 (Qld), s 4, s 4(a)
Supreme Court Act 1995 (Qld), s 253

Cameron v Nominal Defendant [2000] QCA 137; Appeal No 11527 of 1999, 18 April 2000, applied
Carrier v Bonham [2001] QCA 234; Appeal No 7606 of 2000, 22 June 2001, applied
Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44, applied
Hough v London Express Newspaper Limited [1940] KB 507, applied
Johns v Johns [1988] 1 QdR 138, considered
Woodman v Maher [2001] 1 QdR 106, considered

COUNSEL:

P J Favell for the appellant/applicant
P D T Applegarth SC, with L D Bowden, for the respondents

SOLICITORS:

Gilbert & Tobin Lawyers for the appellant/applicant
Creswick Lawyers for the respondents

1. McMURDO P AND JERRARD JA:  The magazine, "Home Beautiful" featured illustrated articles on the home of the first respondent, an interior designer, and the second respondent, an architect, in its June and August 1998 editions.  The third respondent was the company through which the…