Houda v State of New South Wales [2012] NSWSC 1036

Supreme Court New South Wales

Medium Neutral Citation: Houda v State of New South Wales [2012] NSWSC 1036 Hearing dates: 8, 10 August 2012 Decision date: 05 September 2012 Before: McCallum J Decision: Limitation period for bringing a cause of action for defamation extended to 19 March 2012 Catchwords: LIMITATION OF ACTIONS - claim in defamation - whether it was not reasonable in the circumstances for the plaintiff to have commenced an action in relation to the matter complained of within 1 year from the date of the publication - where plaintiff facing criminal charges raising the same issues of fact during that year Legislation Cited: Crimes Act 1900 Defamation Act 2005 Law Enforcement (Powers and Responsibilities) Act 2002 Legal Profession Act 2004 Limitation Act 1969 Cases Cited: Ahmed v Harbour Radio Pty Ltd [2010] NSWSC 676 Carey v ABC [2010] NSWSC 709 Carey v ABC [2012] NSWCA 176 Noonan v MacLennan [2010] QCA 050; 2 Qd R 537 NRMA Insurance Ltd v Flanagan [1982] 1 NSWLR 585 Ritson v Gay & Lesbian Community Publishing Limited [2012] NSWSC 483 Category: Interlocutory applications Parties: Adam Houda (plaintiff) State of New South Wales (defendant) Representation: Counsel: P Neil QC, P Lange (plaintiff) D Caspersonn (defendant) Solicitors: Watson Mangioni Lawyers Pty Ltd (plaintiff) Henry Davis York (defendant) File Number(s): 2012/87798 Publication restriction: None