Ritson v Gay & Lesbian Community Publishing Ltd & Ors [2012] NSWSC 483

Supreme Court New South Wales

Medium Neutral Citation: Ritson v Gay & Lesbian Community Publishing Ltd & Ors [2012] NSWSC 483 Hearing dates: 4 May 2012 Decision date: 18 May 2012 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1)Paragraphs 5 to 26 of the Plaintiff's statement of claim be struck out. (2)The Plaintiff be granted leave to file an amended statement of claim, such amendments to be restricted to: (i)pleading a cause of action in defamation in respect of the publication described as the second matter complained of in the statement of claim for a publication period from 30 December 2010 to 11 February 2011; (ii)the inclusion of a paragraph in the form of paragraph 23A of the proposed amended statement of claim handed up in Court on 4 May 2012; and (iii)the reformulation of paragraphs 24 to 26 of the statement of claim to reflect the relief claimed against the first defendant and the fourth defendant for the remaining causes of action in defamation pleaded against them. (3)Any such amended statement of claim to be filed and served on or before 8 June 2012. (4)Prayers 1 to 3 of the Plaintiff's notice of motion filed 14 February 2012 be otherwise dismissed. (5)The Plaintiff pay the Third and Fourth Defendants' costs of the Plaintiff's notice of motion filed 14 February 2012. (6)There be no order as to costs as between the Plaintiff and the Second Defendant in respect of the Plaintiff's notice of motion filed 14 February 2012. (7)The proceeding stand over to 9.00 am before the Registrar in Common Law on 15 June 2012. Catchwords: PROCEDURE: - extension of time - defamation proceedings - whether "not reasonable" to commence proceedings within one year of publication of communication - proceedings in other fora - implied undertaking not to use documents produced in those proceedings - discretion to determine period of extension "up to" three years -- costs. Legislation Cited: Costs in Criminal Cases Act 1967 Defamation Act 2005 Limitation Act 1969, ss 14B, 56A, 56B, 56D Privacy and Personal Information Protection Act 1998, s 62 Cases Cited: Ahmed v Harbour Radio Pty Ltd [2010] NSWSC 676 Barach v University of New South Wales [2011] NSWSC 1327 Carey v Australian Broadcasting Corporation [2010] NSWSC 709; (2010) 177 NSWLR 136 Hearne v Street [2008] HCA 36; (2008) 235 CLR 125 Lakaev v Denny [2010] NSWSC 1480 Noonan v McClellan [2010] QCA 50; [2010] 2 Qd R 537 Pingel v Toowoomba Newspapers Pty Ltd [2010] QCA 175 QQ v Commissioner of Police, New South Wales Police Force [2011] NSWADT 54 QQ v Commission of Police, New South Wales Police Force [2011] NSWADT 275 Rayney v The State of Western Australia [No 3] [2010] WASC 83 R v Ritson; R v Stacey [2010] NSWDC 160 Wookey v Quigley [No 2] [2010] WASC 209 Category: Interlocutory applications Parties: Brendan Paul Ritson (Plaintiff) Gay and Lesbian Community Publishing Ltd (First Defendant) Gary Burns (Second Defendant) Stephen Pickells (Third Defendant) Sydney Educational Broadcasting Ltd (Fourth Defendant) Representation: Counsel: Mr R D Glasson (Plaintiff) Mr M F Richardson (First Defendant) No Appearance (Second Defendant) Mr J Hmelnitsky (Third and Fourth Defendants) Solicitors: Mitchell Lawyers (Plaintiff) Banki Haddock Fiora (First Defendant) Middletons (Third and Fourth Defendants) File Number(s): 2011/417650