Landrey v Nine Network Australia Pty Ltd [2024] FCAFC 76

Federal Court of Australia

Landrey v Nine Network Australia Pty Ltd [2024] FCAFC 76 Appeal from: Landrey v Nine Network Australia Pty Ltd [2023] FCA 27

File number: NSD 126 of 2023

Judgment of: WIGNEY, WHEELAHAN AND FEUTRILL JJ

Date of judgment: 31 July 2024

Catchwords: PRACTICE AND PROCEDURE — appeal against orders of the primary judge dismissing the appellant's application for an extension of the one-year limitation period within which to commence an action in defamation – s 56A of the Limitation Act 1969 (NSW), as in force on 30 June 2020 – where the allegedly defamatory matter concerned transactions that were also the subject of ongoing criminal proceedings – where the appellant, as director of a company, took active steps in pursuing and defending litigation related to the impugned transactions – whether the primary judge erred in failing to hold, in light of the ongoing criminal proceedings, that it was not reasonable for the appellant to have commenced a defamation proceeding within one year of publication of the allegedly defamatory matter – Joukhador v Network Ten Pty Ltd [2021] FCAFC 37; 283 FCR 1, applied – where the appellant had been properly advised not to commence civil proceedings while the criminal proceedings remained on foot – whether the appellant's conduct was inconsistent with maintaining his right to silence – Held: it was not reasonable for the appellant to have commenced a defamation proceeding within the primary one-year limitation period – appeal allowed – extension of the limitation period granted up to the commencement of the appellant's defamation proceeding.

Legislation: Evidence Act 1995 (Cth) ss 166(f), 169 Federal Court Rules 2011 (Cth) r 20.31 Crimes Act 1900 (NSW) ss 192E(1)(b), 254(b)(i) Criminal Procedure Act 1986 (NSW) ss 47, 68(2)(a) Defamation Act 2005 (NSW) s 42 Defamation Amendment Act 2020 (NSW), Sch 2, cls [2], [5] Interpretation Act 1987 (NSW) s 36(1) Limitation Act 1969 (NSW) ss 14B, 14C, 56A, Sch 5, cl 11(4)