O'Hara v Sims

Citiation: [2009] QCA 186

A Summary.

Defamation — Defences — Imputations — Qualified privilege

Appeal against decision Queensland Supreme Court (QSC) dismissing claim for damages.

Appellant sought damages for defamation regarding statements made in letter circulated to club members allegedly suggesting unworthiness of appellant for re-election.

Appellant claimed reasonable jury could not hold statements did not convey imputations or defence of qualified privilege shown.

Jury could reasonably regard imputations not made out as statements in letter could be seen to refer to merits of other election candidates rather than appellant's unworthiness.

QSC's consideration of qualified privilege not appealable as QSC's comments merely expressions that alleged defamation not serious.

Appeal dismissed.