Rodgers v Nine Network Australia Pty Ltd (No 2) [2008] NSWDC 275

New South Wales District Court

CITATION: Rodgers v Nine Network Australia Pty Ltd (No 2) [2008] NSWDC 275

HEARING DATE(S): 10 and 17 October 2008

JUDGMENT DATE: 28 November 2008

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

(1) Pursuant to s 56A Limitation Act 1969 I extend the limitation period to the date of the proposed joinder of Simon Bouda and Tracey Grimshaw to the date given in order 2 below for the filing of an Amended Statement of Claim in these proceedings. (2) The plaintiffs are, within fourteen (14) days, to file an Amended Statement of Claim joining Simon Bouda and Tracey Grimshaw as defendants to proceedings for defamation, injurious falsehood and pursuant to the Trade Practices Act 1975 (Cth), as well as to plead the additional imputation as specified by the plaintiffs in written submissions. DECISION: (3) Notice of Motion filed on 10 September 2008 (as amended) otherwise dismissed. (4) Plaintiffs pay defendants' costs of the application. (5) Matter stood over for further directions to Friday 19 December 2008 at 9:00am.

CATCHWORDS: LIMITATION - defamation - defendant pleads comment defence after one-year limitation period expires - plaintiff seeks leave to amend to join journalists who hold the opinion as parties - whether statutory defence of comment requires journalists to be parties - whether leave should be granted under s 56A Limitation Act or ss 64 or 65 Civil Procedure Act

Civil Procedure Act 2005 (NSW), ss 14, 56, 58, 59, 64 and 65 Defamation Act 1974 (NSW) Defamation Act 2005 (NSW), ss 31(2) and 31(4)(b) LEGISLATION CITED: Limitation Act 1985 (ACT), s 21 Limitation Act 1969 (NSW), ss 14B, 56A and 60G(2) Supreme Court Rules 1970 (NSW), Part 20 r 1 (repealed) Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 (NSW), rr 6.21, 6.24, 6.28 and 19.1