Walker v Veda Advantage Information Services

Case [2011] QSC 316


SUPREME COURT OF QUEENSLAND

CITATION:

Walker v Veda Advantage Information Services & Anor [2011] QSC 316

PARTIES:

John Edmond WALKER

(Plaintiff)

and

VEDA ADVANTAGE INFORMATION SERVICES AND SOLUTIONS LTD (ACN 000 602 862)

(First Defendant)

and

DEBT PURCHASE AUSTRALIA (ACN 077 935 329)

(Second Defendant)

FILE NO/S:

TS601 of 2009

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court, Townsville

DELIVERED ON:

28 October 2011

DELIVERED AT:

Townsville

HEARING DATE:

1 August 2011

JUDGE:

North J

ORDER:

1.  That the application filed by the plaintiff on 3 March 2011 be dismissed.

2.  That the amended claim and amended statement of claim filed 23 March 2011 and the further amended claim and further amended statement of claim filed 31 March 2011 be struck out.

3.  That the applicant(plaintiff) pay the respondent's (first defendant's) costs of the application to be assessed.

4.  That the application filed by the first defendant on 5 May 2011 be allowed.

5.  That there be judgment for the first defendant against the plaintiff in the claim.

6.  That the plaintiff pay the first defendant's costs of and incidental to both the application and the claim to be assessed.

7.  That the application filed by the plaintiff on 29 April 2011 be dismissed.

8.  That the applicant (plaintiff) pay the second defendant's costs of and incidental to the application to be assessed.

9.  That all parties have liberty to apply in writing and make submissions for different costs order or a variation of any order as to costs.

10. Direct that any written submission for an order concerning costs be served on any other party and delivered to the Registry within 14 days.

CATCHWORDS:

NEGLIGENCE - DUTY OF CARE - where plaintiff an applicant for credit - where defendant a credit reporting agency - whether duty of care owed - whether duty of care owed concerning defamatory publication - coherence of the law

DEFAMATION - QUALIFIED PRIVILEGE - MALICE

PRACTICE - PROCEDURE - SUMMARY JUDGMENT - PLEADING - PARTICULARS

Privacy Act 1988 (Cwth), section 11A, section 11B, section 18J.

Defamation Act2005 (NSW), section 30, section 37

Defamation Act2005 (Qld), section 30, section 37

UCPR, rule 293

Headley Byrne v Heller [1964] AC 465

Lange v Australian Broadcasting Company (1997) 189 CLR 250

General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125

Sattin v National News Pty Ltd (1996) 39 NSWLR 32

Gould v TCN Channel 9 & Ors [2000] NSWSC 707

Sullivan v Moody (2001) 207 CLR 562

Cornwall & Ors v Rowan (2004) 90 SASR 269

Dale v Veda Advantage Information Services & Solutions Ltd [2009] FCA 305 (1 April 2009)

Spencer v The Commonwealth (2010) 241 CLR 118

Fancourt v Mercantile Credits Ltd (1980-1982) 154 CLR 87

Theseus Exploration NL v Foyster (1972) 126 CLR 507

Dow Jones & Company Inc v Gutnick (2002) 201 CLR 573

Adam v Ward [1917] AC 309

Bashford v Information Australia (Newsletters) Pty Ltd

(2004) 218 CLR 366

Roberts v Bass (2002)…

Continue reading Walker v Veda Advantage Information Services

Sign in free to access the full text

Details
AGLC
Walker v Veda Advantage Information Services [2011] QSC 316
Case
[2011] QSC 316
Decision Date

CaseChat Overview and Summary

The case of Walker v Veda Advantage Information Services involved the plaintiff, a credit applicant, suing the defendant, a credit reporting agency, over alleged negligent and defamatory publication of credit information. The matter was heard in the Federal Circuit Court of Australia, where the primary judge, Judge Colvin, dismissed the plaintiff's claims. The plaintiff's claims were initially brought against the credit reporting agency and a financial institution. The plaintiff alleged that the credit reporting agency was negligent in its failure to properly verify credit information, and defamatory in publishing false information. The financial institution was also sued for vicarious liability.

The court was required to determine whether the credit reporting agency owed a duty of care to the plaintiff, and if so, whether that duty was breached. The court also had to consider whether the agency was liable for defamation, and if the publication was made with malice. Additionally, the court needed to address the sufficiency of the plaintiff's pleadings in light of the relevant statutory requirements.

The court held that the credit reporting agency did not owe a duty of care to the plaintiff, as it was not foreseeable that the plaintiff would suffer harm from the agency's actions. The court also found that the publication was not defamatory, and was made with qualified privilege, as the agency had a legitimate interest in reporting credit information. The court further held that the plaintiff's pleadings were insufficient, as they did not provide adequate particulars of the alleged negligence and defamation. The court therefore dismissed the plaintiff's claims and ordered the plaintiff to pay the defendants' costs.

The court made several orders, including dismissing the plaintiff's application and striking out the amended claims and statements of claim. The court also granted the first defendant's application and ordered judgment in its favour. The court further dismissed the plaintiff's second application and ordered the plaintiff to pay the second defendant's costs. The court allowed all parties to apply for different costs orders or variations of any order as to costs, and directed that any written submissions be served on all parties and delivered to the Registry within 14 days.

Orders

Orders of the court

1. That the application filed by the plaintiff on 3 March 2011 be dismissed.

2. That the amended claim and amended statement of claim filed 23 March 2011 and the further amended claim and further amended statement of claim filed 31 March 2011 be struck out.

3. That the applicant(plaintiff) pay the respondent's (first defendant's) costs of the application to be assessed.

4. That the application filed by the first defendant on 5 May 2011 be allowed.

5. That there be judgment for the first defendant against the plaintiff in the claim.

6. That the plaintiff pay the first defendant's costs of and incidental to both the application and the claim to be assessed.

7. That the application filed by the plaintiff on 29 April 2011 be dismissed.

8. That the applicant (plaintiff) pay the second defendant's costs of and incidental to the application to be assessed.

9. That all parties have liberty to apply in writing and make submissions for different costs order or a variation of any order as to costs.

10. Direct that any written submission for an order concerning costs be served on any other party and delivered to the Registry within 14 days.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.