Terry Patrick Sharples v Adam Mark Hanson [2006] FCAFC 161

FEDERAL COURT OF AUSTRALIA

Terry Patrick Sharples v Adam Mark Hanson [2006] FCAFC 161

PRACTICE AND PROCEDURE - whether leave required to appeal LIMITATION OF ACTIONS – limitation period for defamation action - trade practices and claims under the corporations legislation - relevant periods of limitation having expired - when time commences to run - whether just to grant an extension to institute proceedings – whether re-publication of defamation – whether fraudulent concealment Federal Court Rules O 13 Limitations of Actions Act 1974 (Qld) ss 10, 29, 38 Duke of Brunswick v Harmer (1849) 14 QB 185 Considered Hall v Nominal Defendant (1966) 117 CLR 423 Applied JC Gatley, Gately on Libel and Slander, 10th edn, Sweet & Maxwell, London, 2004 TERRY PATRICK SHARPLES v ADAM MARK HANSON, PAULINE LEE HANSON, LEONARD WILLIAM HARRIS, ROSS BINSTEAD AND CATALYST NEWSPAPER PTY LTD QUD 153 OF 2006

KIEFEL, STONE & ALLSOP JJ

10 NOVEMBER 2006

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 153 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: TERRY PATRICK SHARPLES

Appellant

AND: ADAM MARK HANSON

First Respondent

PAULINE LEE HANSON

Second Respondent

LEONARD WILLIAM HARRIS

Third Respondent

ROSS BINSTEAD

Fourth Respondent

CATALYST NEWSPAPER PTY LTD

Fifth Respondent

JUDGES: KIEFEL, STONE & ALLSOP JJ

DATE OF ORDER: 10 NOVEMBER 2006

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Time is extended for the bringing of an application for leave to appeal. 2. Leave to appeal is refused. 3. The applicant pay the costs and/or expenses of the first, second and third respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA