Gmitrovic v Commonwealth of Australia [2016] NSWSC 418

Supreme Court New South Wales

Medium Neutral Citation: Gmitrovic v Commonwealth of Australia [2016] NSWSC 418 Hearing dates: 4 and 5 April 2016 Decision date: 13 April 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Judgment for the defendants.

(2) Unless an application for a different order is made in writing to my Associate within seven days, order the plaintiff to pay the defendants' costs of the proceedings. Catchwords: LIMITATIONS – defamation proceedings commenced outside limitation period – related proceedings also commenced in Fair Work Commission – burden of proof on plaintiff to show it was not reasonable to commence within time period – burden not discharged – cause of action not maintainable

DEFAMATION – employee of Commonwealth – alleged misconduct – Intent to Sanction Minute and Statement of Reasons circulated to supervisors and others involved in investigation – defence of qualified privilege made out Legislation Cited: Defamation Act 2005 (NSW), ss 35, 36 Limitation Act 1969 (NSW), ss 14B, 56A Cases Cited: Bashford v Information Australia (Newsletters) Pty Ltd [2004] HCA 5 Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44 Channel Seven Sydney Pty Ltd v Mahommed [2010] NSWCA 335 Greek Herald Pty Ltd v Nikolopoulos [2002] NSWCA 41; 54 NSWLR 165 Noonan v MacLennan [2010] QCA 50; [2010] 2 Qd R 537 Radio 2UE Sydney Pty Ltd v Chesterton [2009] HCA 16; 238 CLR 460 Toogood v Spyring (1834) 1 Cr M & R 181; 149 ER 1044 Category: Principal judgment Parties: Darko Gmitrovic (Plaintiff) Commonwealth of Australia (First Defendant) Danielle Pokoney (Second Defendant) Representation: Counsel: Plaintiff in person M Richardson (Defendants)