District Court

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Bertwistle v Conquest [2015] QDC 133 (14/3670) Samios DCJ 15/05/2015 (delivered ex tempore)

Full-text: QDC15-133.pdf

Catchwords

DEFAMATION – DAMAGES – DEFAMATORY STATEMENTS – where the respondent/defendant sent text messages to a sister alleging that the applicant/plaintiff engaged in consensual and non-consensual sex with the applicant/plaintiff’s sisters – where the respondent/defendant did not make an offer to make amends in accordance with the Defamation Act 2005 (Qld) – where the applicant/plaintiff seeks a permanent injunction restraining the respondent/defendant from repeating the defamatory remarks as well as $100,000.00 in compensatory damages – whether the applicant/plaintiff is entitled to the relief sought

PRACTICE – DEFAULT JUDGMENT – where the respondent/defendant did not file a notice of intention to defend or defence in response to the applicant/plaintiff’s claim and statement of claim – whether the applicant/plaintiff is entitled to default judgment against the respondent/defendant

Uniform Civil Procedure Rules considered

Rule 288 — Judgment by default — other claims