Fritz v O'Brien

[2011] QCA 181

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Interlocutory orders
4. › District Court of Queensland
5. › Whether appeal necessary to correct substantial injustice
6. › Whether reasonable argument of error
7. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Practice and Procedure
2. › Pleadings
3. › Striking out
4. › Defamation
5. › Statement of claim containing irrelevant, scandalous and argumentative material
6. › Whether primary judge justified in striking out paragraphs
7. › Uniform Civil Procedure Rules 1999 (Qld), r 149
1. Practice and Procedure
2. › Costs
3. › Discretion
4. › Whether costs should follow the event on dismissal of unsuccessful application
5. › Appellate reluctance to interfere with discretionary costs orders
1. Defamation
2. › Pleadings
3. › Personal injury claims in defamation proceedings
4. › Non-compliance with pre-court procedures
5. › Personal Injuries Proceedings Act 2002 (Qld), ss 8, 9, 18

Quick Take

Leave to appeal under s 118(3) of the District Court of Queensland Act 1967 requires demonstration of both a substantial injustice and a reasonable argument of error. Courts are traditionally reluctant to interfere with interlocutory exercises of discretion that do not determine substantive rights. Allegations of personal injury in defamation proceedings must comply with the pre-court procedures in the Personal Injuries Proceedings Act 2002 (Qld).