Van Riet & Ors v ACP Publishing P/L

[2003] QCA 37

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Right of appeal
3. › District Court of Queensland
4. › Jurisdictional limit
5. › Whether interest and costs included in determining amount of judgment
6. › District Court of Queensland Act 1967 (Qld), s 118(2)
7. › Magistrates Courts Act 1921 (Qld), s 4(a)
1. Defamation
2. › Innuendo
3. › Whether publication capable of bearing defamatory meaning by innuendo
4. › Whether persons who knew special facts might understand words in defamatory sense
5. › Defamation Act 1889 (Qld), s 18
1. Defamation
2. › Damages
3. › Aggravated damages
4. › Whether failure to apologise after being informed of falsity capable of supporting aggravated damages
5. › Whether conduct improper, unjustifiable or lacking bona fides
1. Defamation
2. › Damages
3. › Compensatory damages
4. › Whether jury award manifestly excessive
5. › Standard for appellate interference with jury verdict on quantum

Quick Take

Interest and costs are excluded when calculating whether a District Court judgment meets the $50,000 Magistrates Courts jurisdictional limit for a right of appeal under s 118(2) of the District Court of Queensland Act 1967. A failure to apologise after being informed in detail of the falsity of a defamatory publication, including evidence that the subject of the article did not authorise the attribution, is capable of supporting an award of aggravated damages.