NSW Caselaw
New South Wales Supreme Court
CITATION : Al-Shennag v Statewide Roads Ltd & Anor [2006] NSWSC 1226
HEARING DATE(S) : 13 September 2006
JUDGMENT DATE : 17 November 2006
JUDGMENT OF : Simpson J
DECISION : Notice of motion dismissed
CATCHWORDS : defamation - proposal to add four defendants - expiration of limitation period - application to extend limitation period - disability - impairment of mental or physical condition
LEGISLATION CITED : Limitation Act 1969 s11(3), s14, s14B, s52, s56A Uniform Civil Procedure Rules 2005 r5.3, r28.2
Abdullah Al-Shennag v Bankstown City Council Civic Services Group [2002] NSWIRComm 150 CASES CITED : Kotulski v Attard (1981) 1 NSWLR 115 Olive & Anor v Johnstone [2006] NSWCA 21 State of NSW v Bennie [2005] NSWCA 172
Abdullah Al-Shennag - Plaintiff PARTIES : Statewide Roads Ltd - 1st Defendant Bill Woodcock - 2nd Defendant
FILE NUMBER(S) : SC 20208/05
COUNSEL : MS White - 1st & 2nd Defendants
SOLICITORS : Plaintiff in person Ebsworth & Ebsworth - 1st & 2nd Defendants
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST
SIMPSON J
Friday 17 November 2006
20208/05 Abdullah Al-Shennag v Statewide Roads Ltd & Anor
JUDGMENT: Limitation Act 1969, s52 1 HER HONOUR: By statement of claim filed on 28 June 2005 the plaintiff, Abdullah Al-Shennag, claims damages in defamation against two named defendants. Those defendants are Statewide Roads Ltd and Mr Bill Woodcock. For the purposes of the present judgment I will assume the accuracy of relevant facts asserted in the statement of claim. That should not be taken to represent any finding of fact; it merely means that the issues for present determination may be dealt with on that basis. 2 The plaintiff appeared in this court unrepresented. It is apparent that he has not, for the purposes of these proceedings, ever had legal representation, and has prepared his own documentation. 3 The proceedings arise out of the publication, on 9 July 1999, of a report entitled: "INDEPENDENT ASSESSMENT OF ENGINEERING CONDITIONS PLACED ON VARIOUS PROPERTIES WITHIN THE BANKSTOWN CITY COUNCIL AREA"
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