NSW Caselaw
New South Wales Supreme Court
CITATION : Lakaev v Denny [2010] NSWSC 1480
HEARING DATE(S) : 23 August 2010
JUDGMENT DATE : 17 December 2010
JUDGMENT OF : Fullerton J
DECISION : 1. The plaintiff's notice of motion is dismissed. 2. The plaintiff is to pay the defendants' costs.
CATCHWORDS : DEFAMATION - application to extend the one year limitation period for commencing defamation action proscribed by s 14B of the Limitation Act 1969 - power to grant extension conferred by s 56A of the Act - construction of the reasonableness test in ss (2) - construction of the power to grant an extension "up to a period of 3 years" - establishing when publication occurs in the context of online blogging
Defamation Act 2005 LEGISLATION CITED : Limitation Act 1969 Limitation of Actions Act 1974 (Qld)
CATEGORY : Principal judgment
Ahmed v Harbour Radio Pty Ltd [2010] NSWSC 676 Carey v ABC [2010] NSWSC 709 CASES CITED : Dow Jones v Gutnick [2002] HCA 56; 210 CLR 575 Noonan v MacLennan [2010] QCA 50 Pingle v Toowoomba Newspapers Pty Ltd [2010] QCA 175
Natasha Lakaev (Plaintiff) PARTIES : Annette Denny (1st Defendant) Warren Denny (2nd Defendant)
FILE NUMBER(S) : SC 2010/55205
COUNSEL : M White/F Ramsay (Plaintiff) M Richardson (Defendants)
SOLICITORS : Bruce Macdonald Lawyers (Plaintiff) Johnson Winter & Slattery (Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
FULLERTON J
17 DECEMBER 2010
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