Ahmed v Harbour Radio Pty Ltd [2010] NSWSC 676

New South Wales Supreme Court

CITATION : Ahmed v Harbour Radio Pty Ltd [2010] NSWSC 676

HEARING DATE(S) : 7 June 2010; 8 June 2010

JUDGMENT DATE : 25 June 2010

JURISDICTION : Common Law

JUDGMENT OF : Simpson J

DECISION : (i) The notice of motion is dismissed; (ii) The plaintiff is to pay the costs of Mr Hadley incurred by reason of the notice of motion.

CATCHWORDS : PROCEDURE – Supreme Court procedure – New South Wales – rules of court – extension of time to sue party – joinder of party to proceedings after expiration of limitation period – s 54A Limitation Act test – whether not reasonable in the circumstances to have commenced action against defendant within time – s 64(1)(b) Civil Procedure Act – s 65(2)(c) Civil Procedure Act - DEFAMATION – defence of honest opinion, s 31 Defamation Act – whether s 31(4)(b) available to a plaintiff, who has sued employer, but not employee, where employer has raised defence under s 31(2)

Civil Procedure Act 2005 LEGISLATION CITED : Defamation Act 2005 Defamation Amendment Act 2002 Limitation Act 1969

CATEGORY : Procedural and other rulings

Greenwood v Papademetri [2007] NSWCA 221 Itek Graphix Pty Ltd v Elliott [2002] NSWCA 104; 54 NSWLR 207 CASES CITED : Le Busque v ACP Publishing Pty Ltd [2005] ACTSC 138; 195 FLR 198 Noonan v MacLennan [2010] QCA 50 Rayney v Western Australia (No 3) [2010] WASC 83 Rodgers v Nine Network Australia Pty Ltd (No 2) [2008] NSWDC 275

PARTIES : Kim Anne Ahmed (Plaintiff) Harbour Radio Pty Ltd (Defendant)

COUNSEL : R Rasmussen (Plaintiff) A T S Dawson (Defendant)