Creek & Creek v O'Malley & Anor [2001] QSC 140

f\716 L,l.ova.v'I Ol· \tO· State Reporting Bureau t\~~=:~:~~:.=:::: Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J No 66 of 1999 THOMAS CREEK and JOAN CREEK and BRENDAN O'MALLEY and QUEENSLAND NEWSPAPERS CAIRNS .. DATE 17/04/2001 JUDGMENT Respondent(lst Plaintiff) Respondent(2nd Plaintiff) Applicant(lst Defendant) 2nd Defendant 1 4Th Floor. The Law Courts Comp!ex George Street Brisbane Q. 4000. Telephone: /07} 3247 4360 Facsjmile· /07) 3247 5532 -- 1 of 2 -- 17042001 D.l T5/KEW M/T CNSl/2001 (Jones J) HIS HONOUR: This is an application pursuant to rule 485 of the Uniform Civil Procedure Rules, for the disposal of the proceedings, brought by the plaintiff who when called did not appear to answer the application. I am satisfied that the plaintiff has been duly served with the application and I will propose to deal with the matter in her absence. The history leading up to this application is that in earlier proceedings, when the plaintiff's interests were addressed by Mr Bradshaw of Counsel as amicus curiae, I declared that the words alleged by the plaintiff to be defamatory of her did not carry any such implication. I shall not repeat the detailed reasons I provided on that occasion. Consequently it was difficult for the plaintiff to make out any case against either defendant. This application is essentially to dispose of the action consequent upon the rulings that I made on that earlier time. I will therefore make the orders sought that the proceeding be dismissed, and that the second plaintiff pay the defendants costs of and incidental to the proceeding to be assessed. 2 JUDGMENT -- 2 of 2 --