NSW Caselaw
New South Wales District Court
CITATION: Buckley v Newcastle Newspapers Pty Ltd [2008] NSWDC 90 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 9 May 2008 EX TEMPORE JUDGMENT DATE : 9 May 2008
JURISDICTION: Civil
JUDGMENT OF: Gibson DCJ
(1) Extend time to commence proceedings pursuant to s 56A to 27 November 2007. DECISION: (2) Plaintiff pay the defendant's costs of the Notice of Motion and of the 4 April 2008. (3) Plaintiff pay the defendant's costs by reason of the filing of the Further Amended Statement of Claim. (4) These proceedings are listed for further directions on Friday 16 May 2008; defendant to notify of objections (if any) to the Further Amended Statement of Claim by Thursday 15 May 2008.
CATCHWORDS: LIMITATIONS - defamation - delay of almost two years - plaintiff involved in coronial inquiry and on stress leave - subsequent wrong advice from solicitors re limitation period - extension granted
LEGISLATION CITED: Defamation Act 1974 (NSW) Limitation Act 1969 (NSW), ss 14B, 56A and 60G(2)
Boland v Dillon; Cush v Dillon (No 2) [2007] NSWDC 77 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Dehsabzi & Dehsabzi v John Fairfax Publications Pty Ltd [2007] NSWDC 247 CASES CITED: Dennis v Australian Broadcasting Corp [2008] NSWCA 37 Itek Graphix Pty Ltd v Elliott (2002) 54 NSWLR 207 Maitland v Nationwide News Pty Ltd [2004] NSWCA 155 Russo v Aiello (2003) 201 ALR 231
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