DISTRICT COURT OF QUEENSLAND
CITATION: Zhao v Zheng & Anor [2023] QDC 108 PARTIES:
YIHUANG ZHAO
(plaintiff/applicant)
v
QIAN ZHENG
(first defendant/first respondent)and
WEIWU WANG
(second defendant/second respondent)FILENO: 523 of 2023 DIVISION: Civil PROCEEDING: Application ORIGINATINGCOURT: Brisbane District Court DELIVEREDON:
20 June 2023
DELIVEREDAT: Brisbane HEARINGDATE: 16 March 2023 JUDGE: Byrne KC DCJ ORDERS: 1. Pursuant to section 32A of the Limitation of Actions Act 1974 (Qld), the limitation period for the cause of action in defamation in proceeding BD523 of 2023 is extended to 3 March 2023.
2. Subject to the orders herein concerning costs, the plaintiff’s amended application is otherwise dismissed.
3. The plaintiff is to file and serve written submissions as to costs, limited to no more than four pages exclusive of any material filed in support of them, no later than 4.00pm on Tuesday 27 June 2023.
4. The defendant is to file and serve written submissions as to costs, limited to no more than four pages
exclusive of any material filed in support of them, no later than 4.00pm on Tuesday 4 July 2023.
5. The plaintiff is to file and serve written submissions in reply, limited to no more than two pages exclusive of any material filed in support of them, no later than 4.00pm on Friday 7 July 2023.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – DEFAMATION – LIMITATION
PERIOD – where the plaintiff commenced an action in defamation one day after issuing a concerns notice – where that action was dismissed and another action in defamation commenced outside the limitation period – where the action could have been commenced within the limitation period as extended by s 10AA of the Defamation Act 2005 (Qld) but was not – where it appears that error is attributable to the conduct of the plaintiff’s legal representatives - whether it is just and reasonable to extend the limitation period.
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – DEFAMATION – CONCERNS
NOTICE – where a concerns notice was issued by the plaintiff – whether there was sufficient particularity as to the location where the article can be accessed under s 12A(1)(a)(ii) of the Defamation Act 2005 (Qld) - whether there was sufficient particularity informing the publisher of the defamatory imputations that the aggrieved person considers are or may be carried about the aggrieved person by the matter in question under s 12A(1)(a)(iii) of the Defamation Act 2005 (Qld).
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – DEFAMATION – CONCERNS
NOTICE – where a concerns notice was issued by the plaintiff – where a letter disputing the adequacy of particulars in the concerns notice was written more than 28 days after receiving the concerns notice – whether the letter was sufficient to amount to a further particulars notice under s 12A(3) of the Defamation Act 2005 (Qld) – whether a further particulars notice issued more than 28 days after receipt of the concerns notice can attract the benefit…
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- AGLC
- Zhao v Zheng [2023] QDC 108
- Case
- [2023] QDC 108
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the extension of the limitation period for the defamation claim and the adequacy of the concerns notice. The court assessed whether it was just and reasonable to extend the limitation period, considering the error attributable to the plaintiff's legal representatives. Additionally, the court scrutinised whether the concerns notice was sufficiently detailed in identifying the location of the defamatory material and the specific defamatory imputations, as required by the Defamation Act 2005 (Qld). The court also had to decide if a letter sent more than 28 days after the concerns notice could be construed as a further particulars notice under the Act.
The court found that it was just and reasonable to extend the limitation period to 3 March 2023, acknowledging the error made by the plaintiff's legal representatives. The court concluded that the concerns notice was not sufficiently particularised, but it dismissed the plaintiff's amended application in other respects. Regarding the letter disputing the concerns notice, the court determined that it did not constitute a further particulars notice under section 12A(3) of the Defamation Act 2005 (Qld) as it was sent beyond the 28-day period. The court ordered that the plaintiff and the defendant file and serve written submissions on costs, limited to no more than four pages.
In summary, the court extended the limitation period for the defamation claim and dismissed the plaintiff's amended application, except for the extension of the limitation period. The court also ruled that the concerns notice was insufficiently detailed and that the letter sent more than 28 days after the concerns notice did not qualify as a further particulars notice. The parties were directed to file written submissions on costs within specified timeframes.
Orders
Orders of the court
1. Pursuant to section 32A of the Limitation of Actions Act 1974 (Qld), the limitation period for the cause of action in defamation in proceeding BD523 of 2023 is extended to 3 March 2023.
2. Subject to the orders herein concerning costs, the plaintiff’s amended application is otherwise dismissed.
3. The plaintiff is to file and serve written submissions as to costs, limited to no more than four pages exclusive of any material filed in support of them, no later than 4.00pm on Tuesday 27 June 2023.
4. The defendant is to file and serve written submissions as to costs, limited to no more than four pages
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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