Doe v Yahoo!7 Pty Ltd & Anor; Wright v Pagett and Ors [2013] QDC 181

Doe v Yahoo!7 Pty Ltd & Anor; Wright v Pagett and Ors [2013] QDC 181

 

JUDGE:
Smith DCJ
ORDER:
  1. Application to strike out the Statement of Claim of Jane Doe is granted and the Statement of Claim is struck out.
  2. Application to strike out the claim of Jane Doe is refused.
  3. Application to strike out the Statement of Claim of Kerry Wright is granted and the Statement of Claim is struck out.
  4. Application to strike out the claim of Kerry Wright is refused.
  5. Jane Doe’s application to amend the Statement of Claim and for judgment is refused.
  6. Kerry Wright’s application to amend the Statement of Claim and for judgment is refused.
  7. Actions stayed until the Plaintiffs have complied with Part 1 of Chapter 2 of the Personal Injuries Proceeding Act 2002 (Q).
  8. I give the parties liberty to apply.
  9. I will hear the parties as to costs.
CATCHWORDS:
PRACTICE PROCEDURE- Application to strike out claims and statements of claim
TORTS- action for breach of confidence – action for breach of invasion of privacy- action for negligence- action for intentional infliction of emotional distress
PERSONAL INJURY- whether Personal Injuries Proceedings Act 2002 (Qld) applies- whether proceeding is a nullity or irregular
CONSUMER LAW- action for breach of the Fair Trading Act
David Cormack – Brisbane Barrister.

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