Riske v Oxley Insurance Brokers Pty Ltd (No 2) [2014] NSWSC 1611

Supreme Court New South Wales

Medium Neutral Citation: Riske v Oxley Insurance Brokers Pty Ltd (No 2) [2014] NSWSC 1611 Hearing dates: 6 June 2014 Decision date: 14 November 2014 Before: McCallum J Decision: Limitation period for the causes of action in relation to the publication of the 3rd to 6th matters complained of in the second further amended statement of claim extended to 16 April 2014. Catchwords: LIMITATION OF ACTIONS - extension of limitation period - where not reasonable to have commenced proceedings within one year from publication - mandatory extension to a period of up to 3 years - proper approach to determining length of extension to be granted. Legislation Cited: Defamation Act 2005 Limitation Act 1969 Cases Cited: Casley v ABC [2012] VSCA 182 Lakaev v Denny [2010] NSWSC 1480 Noonan v MacLennan [2010] QCA 50 Pingel v Toowoomba Newspapers Pty Ltd [2010] QCA 175 Riske and Oxley Insurance Brokers Pty Ltd [2013] NSWSC 1381 Ritson v Gay and Lesbian Community Publishing Ltd [2012] NSWSC 483 Wookey v Quigley (No 2) [2010] WASC 209 Category: Interlocutory applications Parties: Lee Hendrick Riske (first plaintiff) Stephen Edward Charles Cook (second plaintiff) Oxley Insurance Brokers Pty Ltd (first defendant) Rodney McLean (second defendant) Representation: Counsel: P Wass SC, M Lewis (plaintiffs) M Richardson (defendants) Solicitors: Priest McCarron (plaintiffs) Lee &Lyons Lawyers (defendants) File Number(s): 2013/184125 Publication restriction: None