Event and Time
Event Description
In this case, Dr. Akbari, a locum psychiatrist, had his employment terminated at Mackay Base Hospital following a complaint from junior doctors regarding his performance. Following his termination, Dr. Henderson, the Senior Medical Officer, reported Dr. Akbari to the Health Ombudsman, which initiated an investigation by the Australian Health Practitioner Regulation Agency (AHPRA). After the investigation ended favorably for Dr. Akbari, he sought to commence defamation proceedings against both Dr. Henderson and the hospital but found himself outside the statutory limitation period for filing such claims. He sought an extension of that period under the Limitation of Actions Act 1974 (Qld).
Application and Claims
- Dr. Akbari claimed that he was misled by his solicitor regarding when to file his defamation action, believing he should wait until the AHPRA investigation concluded.
- He applied for an extension of the one-year limitation period for defamation claims under section 32A of the Limitation of Actions Act.
- The respondents, Dr. Henderson and the hospital, claimed he was time-barred and that an absolute privilege applied to statements made during the quasi-judicial investigation.
Judicial Decisions
- The primary judge dismissed Dr. Akbari's application, stating that the limitation period should only be extended to a date before the commencement of proceedings because an absolute privilege shielded the respondents from the defamation claim.
- On appeal, the court overturned the decision, concluding that it was reasonable for Dr. Akbari not to commence the action within the one-year period and that the privilege claimed by the respondents did not apply.
Dispute Points and Legal Basis
Dispute Points
- Dr. Akbari's Argument:
- Claimed he was advised by his solicitor not to file defamation proceedings until after the completion of the AHPRA investigation. - Argued it was reasonable to rely on this advice.