Petersen v Nolan

[2020] QCA 56

Queensland Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Misfeasance in Public Office
3. › Elements of the tort
4. › Exercise of power or authority by virtue of public office
5. › Whether complaint to council by member of parliament constitutes exercise of public power
6. › Whether use of title attached to public office sufficient to ground claim
1. Torts
2. › Negligence
3. › Duty of care
4. › Public officers
5. › Whether member of parliament owes duty of care to political opponent not to harm during election campaign
1. Practice and Procedure
2. › Pleadings
3. › Striking out
4. › No reasonable cause of action
5. › Whether further opportunity to replead should be given after seventh statement of claim
6. › Uniform Civil Procedure Rules 1999 (Qld), r 171, r 293
1. Practice and Procedure
2. › Summary judgment
3. › No real prospect of success
4. › Whether summary judgment appropriate where no viable cause of action and no evidence suggesting other cause of action might exist
5. › Uniform Civil Procedure Rules 1999 (Qld), r 293

Quick Take

A complaint by a member of parliament or Minister to a local council, even when made using the trappings of office such as electorate email addresses, ministerial email, parliamentary telephone and official titles, does not constitute the exercise or purported exercise of power or authority by virtue of public office required for the tort of misfeasance in public office. The mere holding of public office does not give rise to a duty of care to a political opponent not to cause harm during an election campaign.