NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Schlaepfer v Australian Securities and Investments Commission [2017] NSWSC 47 Hearing dates: 6 February 2017 Date of orders: 15 February 2017 Decision date: 15 February 2017 Jurisdiction: Common Law Before: Garling J Decision: (1) Pursuant to s 56A of the Limitation Act 1969, the limitation period for commencing an action in respect of the matters complained of, as pleaded at paragraph 5 of the Statement of Claim filed 11 October 2016, be extended to 11 October 2016. (2) No order as to costs. Catchwords: LIMITATION OF ACTIONS – application for extension of limitation period – defamation – whether it was not reasonable in the circumstances for the plaintiffs to have commenced action within one year from the date of the publication Legislation Cited: Evidence Act 1995 Legal Profession Uniform Law Application Act 2014 Limitation Act 1969 Uniform Civil Procedure Rules 2005 Cases Cited: Carey v Australian Broadcasting Corporation [2010] NSWSC 709; (2010) 77 NSWLR 136 Carey v Australian Broadcasting Corporation [2012] NSWCA 176; (2012) 84 NSWLR 90 Noonan v McLennan [2010] QCA 50 Rayney v Western Australia (No.3) [2010] WASC 83 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Daniel Schlaepfer (P1) Select Vantage Incorporation Company (P2) Merlito Securities Company Ltd (P3)
Australian Securities and Investments Commission (D1) Greg Yanco (D2) Representation: Counsel: T Tobin QC (P) J Hmelnitsky SC / M Lewis (D)
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