Zhao v Zheng

[2023] QDC 108

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…