Teh v Woodworth & Anor [2022] NSWDC 411

District Court New South Wales

Medium Neutral Citation: Teh v Woodworth & Anor [2022] NSWDC 411 Hearing dates: 9 September 2022 Date of orders: 15 September 2022 Decision date: 15 September 2022 Jurisdiction: Civil Before: Gibson DCJ Decision: Orders: (1) Plaintiff's application for an extension of time to commence proceedings in relation to the publications dated 17 August 2019 and 20 February 2020 refused. (2) Plaintiff's claim for defamation for other publications for the period 21 July 2021 onwards (including the publication alleged to have been made on 16 June 2022) struck out by reason of failure to comply with ss 10A, 12A and 12B of the Defamation Act 2005 (NSW). (3) Plaintiff's claim for slander struck out as an abuse of process. (4) Proceedings struck out and dismissed. (5) Plaintiff pay defendants' costs. Catchwords: TORT - defamation - application for extension of limitation period for plaintiff to commence action in defamation pursuant to ss 14B and 56A of the Limitation Act 1969 (NSW) - two publications in 2019 and 2020 opposing a development application by a neighbour - matters complained of had been in the plaintiff's possession since May 2020 - whether not reasonable in the circumstances for the plaintiff to have commenced action in defamation within one year of publication - where names of the plaintiffs were redacted by Council - where plaintiff asserted there was a further publication by Council of the matters in 2022 - whether the whole of the proceedings should be struck out or an asserted 2022 publication permitted - whether concerns notice invalid for failure to refer to 2022 publication or provide particulars of serious harm - application for extension refused - proceedings struck out and dismissed Legislation Cited: Defamation Act 2005 (NSW) s 7, 10A, 12A and 12B Limitation Act 1969 (NSW) ss 14, 56A and 56D Cases Cited: Barilaro v Shanks-Marcovina (No 3) [2021] FCA 1100 Cassar v Network Ten Pty Ltd [2012] NSWSC 680 Clayton v Heffron (1960) 105 CLR 214 Daryanani v Ramnani [2017] EWHC 183 David v Gabriel [2016] EWHC 2799 (QB) Do v Kolsumdet Pty Ltd [2022] FCA 1057 Duraisamy v Sydney Trains [2019] NSWCA 269 Emmerton v University of Sydney [1970] 2 NSWR 633 Hunter Resources Ltd v Melville (1988) 164 CLR 234 Joukhador v Network Ten Pty Ltd [2021] FCAFC 37 Lachaux v Independent Print Ltd and another [2020] AC 612 M1 v R1 & Ors [2022] NSWDC 409 Maple v David Syme & Co (1974) 1 NSWLR 290 Newcombe v O'Connor & O'Connor [2022] QDC 19 Newman v Whittington [2022] NSWSC 249 Raghubir v Nicolopoulos [2021] FCA 1073 Raghubir v Nicolopoulos [2022] FCAFC 97 Raghubir v Nicolopoulos [2022] NSWSC 386 Red Packet Investments Pty Ltd v Blue Mountains City Council [2021] NSWLEC 1126 Ruta v Department of Work and Pensions [2022] EWHC 1535 Sarina v O'Shannassy [2019] NSWDC 246 Soriano v Société d'Exploitation de L'Hebdomadaire Le Point SA & Anor [2022] EWHC 1763 Tewari v Khetarpal & Ors [2022] EWHC 2066 Category: Principal judgment Parties: Plaintiff: Steven Teh -br-Defendants: First Defendant: Clive Woodworth Second Defendant: Fiona Stewart Representation: Solicitors: Defendants: Roberts Legal Services Group Pty Limited File Number(s): 2022/00214337