In Staged Plus Pty Ltd & Ors v Yummi Fruit Ice-Creamery Pty Ltd & Ors [2024] QDC 88, the plaintiffs sued the defendants for defamation related to thirteen publications made between November 2022 and September 2023. The defendants applied to strike out the claim and the statement of claim, arguing that the plaintiffs had not issued a valid concerns notice and failed to adequately plead serious harm among other issues. The court, led by Porter KC DCJ, found that the concerns notice was valid for the second and third plaintiffs but not for the first plaintiff, a corporation. The court also identified deficiencies in the pleading related to the element of serious harm, publication particulars, and certain imputations that were not capable of arising from the defamatory matters pleaded. Consequently, the statements of claim and particular imputations were struck out, but the claims of the natural person plaintiffs were allowed to proceed with conditions. The court invited further submissions regarding the proper form of the order, potential repleading, and costs.
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