McIntyre v Gadens Lawyers
[2005] QDC 13
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- McIntyre v Gadens Lawyers[2005] QDC 13
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McIntyre v Gadens Lawyers[2005] QDC 13
McIntyre v Gadens Lawyers[2005] QDC 13
DISTRICT COURT | Claim No 369 of 2004 |
CIVIL JURISDICTION
JUDGE BRADLEY
PHILLIP ERNEST McINTYRE | Respondent (Plaintiff) |
and
GADENS LAWYERS, CAIRNS | Applicant (Defendant) |
CAIRNS
..DATE 28/01/2005
JUDGMENT
HER HONOUR: Dealing firstly with the imputations it is alleged could be drawn from the words complained of, it is conceded that paragraph (e) is excessive and a jury could not find the imputation of paragraph (e). With respect to paragraph (c), having regard to the test in the case Favell and Queensland Newspapers which is (2004) QCA 135, I am satisfied that an ordinary reasonable reader could find such an imputation as contained in paragraph (c), but with respect to paragraph (d) I find that that would be a strained or forced interpretation of the words used. So, I will strike out subparagraphs (d) and (e) of paragraph 17 of the statement of claim.
With respect to paragraph 18 I am satisfied that the words complained of by the defendant should be deleted - that is, that the words following the phrase “suffered distress and embarrassment” to the end of that paragraph should be struck out, leaving the claim for damages.
And with respect to paragraph 19, similarly I am satisfied that those allegations, particularly given my ruling with respect to the imputations, are not relevant or appropriate to be pleaded in this form, and that the words following “compounding the stress on him and his family” to the end of that paragraph should be struck out, leaving again the claim for damages.
...
HER HONOUR: It is conceded that the plaintiff should provide further and better particulars of paragraphs 3, 4, 9 and 15 and I will make that order.
And, in the circumstances, it is appropriate, given the orders I have made, that the plaintiff pay the defendant's costs of this application.
...
HER HONOUR: I will make an order in terms of paragraph 5 of the draft order that has been handed up.
...
HER HONOUR: No, look, I am sorry but I am not prepared to withdraw the order that I made before that the plaintiff pay the defendant's costs of and incidental to this application.
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