Jones v Williams (pseudonyms) [2018] NSWSC 954

Supreme Court New South Wales

Medium Neutral Citation: Jones v Williams (pseudonyms) [2018] NSWSC 954 Hearing dates: 15 June 2018 Decision date: 22 June 2018 Jurisdiction: Common Law Before: McCallum J Decision: Plaintiff's application to extend the limitation period in respect of the cause of action pleaded at paragraphs 26 to 38 of the statement of claim refused; plaintiff's application for leave to file the proposed amended statement of claim served on 7 June 2018 refused; proceedings as against the 4th to 6th defendants dismissed; no order as to costs Catchwords: DEFAMATION – application to extend limitation period – plaintiff seeking to sue former parents-in-law and former wife for statements allegedly made to police in anticipation of application for Apprehended Domestic Violence Order – where plaintiff first learned of statements well after they were made – whether any discernible publication within the ultimate limitation period allowed under the Act – further delay in commencing proceedings – whether "not reasonable" to have commenced action within one year – consideration of factors relevant to discretion as to choice of date to which limitation period should be extended Legislation Cited: Family Law Act 1975 (Cth), s 121 Limitation Act 1969 (NSW), ss 14B, 56A Cases Cited: Barrett v TCN Channel Nine Pty Ltd [2017] NSWCA 304 Carey v ABC [2010] NSWSC 709 Category: Procedural and other rulings Parties: Mr Jones (plaintiff) Mr A Williams (fourth defendant) Mrs B Williams (fifth defendant) Ms C Williams (sixth defendant) Representation: Counsel: Plaintiff self-represented C Amato, A Spies (fourth to sixth defendants)