Carr v Reynolds Porter Chamberlain [2007] NSWSC 21

New South Wales Supreme Court

CITATION : Carr v Reynolds Porter Chamberlain [2007] NSWSC 21

HEARING DATE(S) : 16 November 2006, 30 January 2007

JUDGMENT DATE : 30 January 2007

JURISDICTION : Common Law Division Defamation List

JUDGMENT OF : Studdert J

DECISION : On the application by RPC filed 2 June 2006: (1) The application is dismissed; (2) The plaintiff, Malcolm Douglas Carr, is to pay the costs of RPC incurred in relation to the application up to and including 16 November 2006. The application by Malcolm Douglas Carr under the Limitation Act: (1) Order that time for commencing proceedings based on the publication of the matters complained of that occurred on 6 October 2004 and 10 October 2004 to Minter Ellison is extended to 11 April 2006; (2) Order that the plaintiff pay the costs of RPC on the plaintiff's application for the extension of time.

LEGISLATION CITED : Limitation Act, s 56A

CASES CITED : Jameel v Dow Jones & Co. Inc. (2005) QB 946

PARTIES : Malcolm Douglas Carr (Plaintiff) Timothy Richard Anderson t/as Reynolds Porter Chamberlain (Defendants)

FILE NUMBER(S) : SC 20121/06

COUNSEL : T. Molomby SC/ Q. Nguyen (Plaintiff) Dr M.J. Collins (Defendants)

SOLICITORS : R.D. Black & Associates (Plaintiff) Minter Ellison (Defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST

STUDDERT J

Tuesday 30 January 2007

20121/06 MALCOLM DOUGLAS CARR v TIMOTHY RICHARD ANDERSON t/as REYNOLDS PORTER CHAMBERLAIN

JUDGMENT 1 HIS HONOUR: There were two applications listed for hearing before the Court yesterday: