Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Joukhador v Network Ten Pty Limited [2020] FCA 746 File number: NSD 1680 of 2019
Judge: ABRAHAM J
Date of judgment: 1 June 2020
Catchwords: LIMITATION OF ACTIONS – action for defamation – application for extension of time pursuant to s 56A of the Limitation Act 1969 (NSW) – where proceedings commenced out of time and are not maintainable by operation of s 14B of the Limitation Act 1969 (NSW) – whether it was not reasonable in the circumstances for the applicant to have commenced an action in relation to the matter complained of within 1 year from the date of the publications – where the applicant, a solicitor, was facing criminal charges and suspension of practising certificate – where the applicant was unaware of the particular publications the subject of the matter complained of
Legislation: Limitation Act 1969 (NSW) ss 14B, 56A, 56A(2) Evidence Act 1995 (Cth) s 75
Cases cited: Ahmed v Harbour Radio Pty Ltd [2010] NSWSC 676 Australian Securities and Investments Commission v Schlaepfer [2017] NSWCA 247 Barrett v TCN Channel Nine Pty Ltd [2017] NSWCA 304; (2017) 96 NSWLR 478 Carey v Australian Broadcasting Corporation [2010] NSWSC 709; (2010) 177 NSWLR 136 Carey v Australian Broadcasting Corporation [2012] NSWCA 176; (2012) 290 ALR 348 Cassar v Network Ten Pty Ltd [2012] NSWSC 680 Corby v Channel Seven Sydney Pty Ltd [2008] NSWSC 245 Houda v State of New South Wales [2012] NSWSC 1036 Howley v Principal Healthcare Finance Pty Ltd [2014] NSWCA 447 Hunter v Hanson [2014] NSWCA 263 John Casley v Australian Broadcasting Corporation [2013] VSCA 182; (2013) 39 VR 526 Noonan v MacLennan [2010] QCA 50; [2010] 2 Qd R 537 Ritson v Gay & Lesbian Community Publishing Ltd & Ors [2012] NSWSC 483 Roberts v Bass [2002] HCA 57; (2002) 212 CLR 1 R v Crabbe [1985] HCA 22; (1985) 156 CLR 464 Schlaepfer v Australian Securities and Investments Commission [2017] NSWSC 47 Spedding v Dailymail.com Australia Pty Ltd [2018] NSWSC 1963 State of Queensland v O'Keefe [2016] QCA 135 Wookey v Quigley (No 2) [2010] WASC 209
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