Morrow v Cordell Jigsaw Productions Pty Ltd [2020] NSWSC 1736

Supreme Court New South Wales

Medium Neutral Citation: Morrow v Cordell Jigsaw Productions Pty Ltd [2020] NSWSC 1736 Hearing dates: 4 November 2020 Date of orders: 3 December 2020 Decision date: 03 December 2020 Jurisdiction: Common Law Before: Harrison J Decision: (1) Order pursuant to s 56A of the Limitation Act 1969 extending the limitation period for the plaintiff's causes of action for defamation for the publications detailed at subparagraphs (a) to (f) below on the following basis: (a) the limitation period for the matter reproduced at Schedule A of the amended statement of claim dated 8 October 2020 be extended until 11 September 2020; (b) the limitation period for the matter reproduced at Schedule B of the amended statement of claim dated 8 October 2020 be extended until 8 October 2020; (c) the limitation period for the matter reproduced at Schedule C of the amended statement of claim dated 8 October 2020 be extended until 11 September 2020; (d) the limitation period for the matter reproduced at Schedule D of the amended statement of claim dated 8 October 2020 be extended until 11 September 2020; (e) the limitation period for the matter reproduced at Schedule E of the amended statement of claim dated 8 October 2020 be extended until 11 September 2020; (f) the limitation period for the matter reproduced at Schedule F of the amended statement of claim dated 8 October 2020 be extended until 11 September 2020. (2) Order that the costs of the plaintiff's notice of motion filed on 14 October 2020 be the plaintiff's costs in the proceedings. Catchwords: CIVIL PROCEDURE – defamation – where proceedings commenced out of time – whether limitation period to be extended – whether not reasonable for plaintiff to have commenced proceedings within one year of publication of allegedly defamatory material – where proceedings on foot in Equity division – where plaintiff bound by Harman undertaking Legislation Cited: Civil Procedure Act (NSW) s 65 Limitation Act 1969 (NSW) ss 14B, 56A Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Carey v Australian Broadcasting Corporation [2010] NSWSC 709; (2010) 77 NSWLR 136 Carey v Australian Broadcasting Corporation [2012] NSWCA 176 Cassar v Network Ten Pty Limited [2012] NSWSC 680 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Houda v New South Wales [2012] NSWSC 1036 Noonan v MacLennan [2010] QCA 50; [2010] 2 Qd R 537 Pingel v Toowoomba Newspapers Pty Ltd [2010] QCA 175 Ritson v Gay & Lesbian Community Publishing Ltd & Ors [2012] NSWSC 483 Category: Procedural and other rulings Parties: Julian Francis Xavier Morrow (Plaintiff) Cordell Jigsaw Productions Pty Ltd (First Defendant) Nicholas Harvey Murray (Second Defendant) Representation: Counsel: S Chrysanthou SC (Plaintiff) L E Barnett (Defendants)