Federal Court of Australia
Federal Court of Australia
Do v Kolsumdet Pty Ltd [2022] FCA 1057 File number(s): NSD 1355 of 2021
Judgment of: BROMWICH J
Date of judgment: 7 September 2022
Catchwords: PRACTICE AND PROCEDURE – application for an extension to the limitation period for defamation proceedings to join a prospective respondent to an existing action under s 56A Limitation Act 1969 (NSW) and application for leave to file and serve an amended statement of claim and originating application to join the prospective respondent as the sixth respondent – where despite numerous inquiries made, the applicants failed to identify the prospective respondent – whether it was not reasonable for the applicants to have initially joined the prospective respondent within the limitation period – held: application granted and leave also be granted to file and serve an amended statement of claim and originating application
Legislation: Defamation Act 2005 (NSW) s 31 Limitation Act 1969 (NSW) ss 14B; 56A
Cases cited: Barrett v TCN Channel Nine Pty Ltd [2017] NSWCA; 96 NSWLR 478 Cassar v Network Ten Pty Ltd [2012] NSWSC 680 Clark v Ibrahim [2014] VSC 30 Joukhador v Network Ten Pty Ltd [2021] FCAFC 37; 283 FCR 1 Paule v McKay (No. 2) [2022] ACTSC 190
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