Linnell v Channel Seven Sydney Pty Ltd [2014] NSWSC 20

Supreme Court New South Wales

Medium Neutral Citation: Linnell v Channel Seven Sydney Pty Ltd [2014] NSWSC 20 Hearing dates: 3 February 2014 Decision date: 03 February 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Order that the plaintiff's notice of motion filed 19 December 2013 be dismissed. (2) Order that paragraphs 4 to 25 of the Amended Statement of Claim filed 3 December 2013 be struck out. (3) Order the plaintiff to serve any proposed Amended Statement of Claim on or before 10 February 2014. (4) Direct the plaintiff to file any notice of motion seeking leave to file any proposed Amended Statement of Claim by 10.02.14, such motion to be returnable in the Defamation List on 3 March 2014. (5) Order the plaintiff to pay the defendant's costs of the plaintiff's notice of motion filed 19 December 2013. (6) Order the plaintiff to pay the defendant's costs of the defendant's notice of motion filed 28 January 2014. (7) Order the plaintiff to pay the defendant's costs thrown away by reason of the filing of the Amended Statement of Claim on 3 December 2013. (8) Order that the exhibits be returned. Catchwords: DEFAMATION - limitation period - power of amendment - whether new cause of action arises out of the same or substantially the same facts as existing cause of action - s 65(2)(c) Civil Procedure Act. Legislation Cited: Civil Procedure Act 2005 (NSW), s 65 Competition and Consumer Act 2010 (Cth), Sch 2, s 1 Limitation Act 1969 (NSW), s 14B Cases Cited: Dank v Whittaker (No 1) [2013] NSWSC 1062 Rossen v Airey [2012] WASCA 26 Category: Interlocutory applications Parties: Michael Linnell (Plaintiff) Channel Seven Sydney Pty Ltd (First Defendant) David Richardson (Second Defendant) Timothy Collins (Third Defendant) Patricia Cselko (Fourth Defendant) Bernadette Martin (Fifth Defendant) Andre Kubeca (Sixth Defendant) Representation: Counsel: R. Rasmussen (Plaintiff) M. Richardson (Defendants) Solicitors: McMahons Lawyers (Plaintiff) Johnson Winter & Slattery (Defendants) File Number(s): 2012/373810