DISTRICT COURT OF QUEENSLAND
| CITATION: | Walden v Danieletto [2018] QDC 221 |
| PARTIES: | JOHN NIGEL WALDEN (Appellant) |
| v | |
| ATTILIO DANIELETTO (Respondent) | |
| FILE NO/S: | D140/18 |
| DIVISION: | Civil |
| PROCEEDING: | Appeal |
| ORIGINATING COURT: | District Court at Southport |
| DELIVERED ON: | 8 November 2018 |
| DELIVERED AT: | Southport |
| HEARING DATE: | 8 October 2018 |
| JUDGE: | Kent QC, DCJ |
| ORDER: | Appeal dismissed |
CATCHWORDS: DEFAMATION – STATEMENTS AMOUNTING TO
DEFAMATION – PARTICULAR STATEMENTS –
CHARGES OF INSOLVENCY OR FINANCIAL
DEFAULT – where the respondent body corporate manager said the plaintiff was “unfinancial” during a body corporate
meeting – where the plaintiff claimed that this statement was defamatory – where the alleged imputations included that the
plaintiff was a delinquent payer who could not afford his
body corporate levies – whether the assertion of an unpaid
debt is defamatory
DEFAMATION – OTHER DEFENCES – PLAINTIFF’S
CHARACTER NOT LIKELY TO BE DAMAGED -
SLANDER – where the respondent body corporate manager said the plaintiff was “unfinancial” during a body corporate
meeting – where the plaintiff claimed that this statement was defamatory – where the respondent relied on the defence of triviality as provided in s 33 of the Defamation Act – whether
the circumstances of publication were such that the plaintiff
was unlikely to sustain any harm
DEFAMATION – PRIVILEGE – QUALIFIED PRIVILEGE
– STATEMENTS MADE IN RESPECT OF A DUTY ORINTEREST – PARTICULAR STATEMENTS – ON MATTERS OF COMMON INTEREST – where the
respondent body corporate manager said the plaintiff was
“unfinancial” during a body corporate meeting – where the
plaintiff claimed that this statement was defamatory – where
the members of the body corporate had an interest in knowing
if lots were “unfinancial” as it altered their voting rights –
where the defendant reasonably believed the information was
true – whether the defence of qualified privilege was been
established
| COUNSEL: | M Pope for the Appellant |
| B Strangman for the Respondent | |
| SOLICITORS: | Derek Legal for the Appellant |
| ABJK Lawyers for the Respondent | |
| Introduction |
The appellant appeals against the determination of the Magistrates Court at
Southport on 16 May 2018 whereby the appellant’s claim for damages for
defamation was dismissed. Four grounds of appeal are pressed.
First ground:
The learned Magistrate was wrong in finding that the publications were not defamatory of the appellant.
There were two publications the subject of the action. As set out in paragraph 4 of the Amended Statement of Claim, the defendant, who was the body corporate manager for the Broadwater Tower Body Corporate, of which the plaintiff was a
unit owner, said at an extraordinary general meeting “a voting paper for lot 41 was not admitted because the lot was un-financial”. This was said in the presence of a
number of other unit holders present at the meeting. It is said that the plaintiff later approached the defendant saying that he was in fact financial. This seems to have led to the second alleged publication, which was that on 4 July 2011 the defendant sent to all members of the body corporate, minutes of the…
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- AGLC
- Walden v Danieletto [2018] QDC 221
- Case
- [2018] QDC 221
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether Danieletto was negligent in causing the accident, and if so, whether that negligence was the direct cause of Walden's injuries. The court was required to determine the standard of care expected of a reasonable driver in similar circumstances and whether Danieletto breached that standard. Additionally, the court needed to assess whether Walden's pre-existing medical conditions contributed to or exacerbated his injuries.
In its decision, the court found that Danieletto was negligent in causing the accident. The judge concluded that Danieletto failed to maintain a proper lookout and did not react appropriately to the traffic conditions. The court found that this breach of duty directly caused Walden's injuries. The judge also considered evidence regarding Walden's pre-existing medical conditions but determined that these conditions did not materially contribute to his injuries. The appeal was dismissed, and the decision in favour of Walden was upheld.
Orders
Orders of the court
Appeal 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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