PIPA: defamatory remarks – personal injury?

 Swindles v Reiter [2011] QDC 200

In an application for leave to proceed his Honour Robin QC accepted that defamatory comments which were alleged to have caused a psychiatric injury fell within the definition of personal injury (Personal Injuries Proceedings Act 2002, Schedule):

“Personal injury is defined in the Act in a way that brings in psychiatric illnesses. I can see no reason why the legislation would not be applicable to the plaintiff’s claim which seeks damages for personal injuries sustained over a period of time from mid-2008 to 2010 in the course of his employment and occasioned by the negligence and/or breach of duty of the defendant, his servants and agents. That negligence and/or breach of duty is related to the publication of the relevant book which came out at some uncertain time in the latter part of 2008.”

Brisbane Barrister – David Cormack

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