Cassar v Network Ten Pty Limited [2012] NSWSC 680

Supreme Court New South Wales

Medium Neutral Citation: Cassar v Network Ten Pty Limited [2012] NSWSC 680 Hearing dates: 21 March, 30 April, 25 May 2012 Decision date: 22 June 2012 Before: Hislop J Decision: 1. The amended summons is dismissed. 2. The plaintiff is to pay the defendant's costs of the application other than the costs of the defendant's application to reopen the evidence. Catchwords: Defamation - extension of limitation period - plaintiff unaware of publication within limitation period - would have become aware of the publication on reasonable inquiry- extension refused. Legislation Cited: Limitation Act 1969 Defamation Act 2005 Cases Cited: Noonan v MacLennan [2010] QCA 50; [2010] 2 Qd R 537 Rayney v The State of Western Australia (No 3) [2010] WASC 83 Ahmed v Harbour Radio Pty Limited [2010] NSWSC 676 Carey v Australian Broadcasting Corporation [2010] NSWSC 709, (2010) 77 NSWLR 136 Ritson v Gay and Lesbian Community Publishing Limited [2012] NSWSC 483 Wookey v Quigley (No 2) [2010] WASC 209 Han v The Australian Kung Fu (Wu She) Federation Inc [2011] VSC 498 Category: Principal judgment Parties: Jacob Cassar (Plaintiff) Network Ten Pty Limited (Defendant) Representation: T. Molomby SC/J. Reimer (Plaintiff) J. Hmelnitsky (Defendant) Conditsis & Associates (Plaintiff) Ashurst Australia Lawyers (Defendant) File Number(s): 2012/21034