Byrne v Hamilton (No. 2) [2018] NSWDC 335

District Court New South Wales

Medium Neutral Citation: Byrne v Hamilton (No. 2) [2018] NSWDC 335 Hearing dates: 11 October 2018 Date of orders: 14 November 2018 Decision date: 14 November 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The plaintiff's Notice of Motion filed 13 September 2018 is granted. (2) The plaintiff has leave to file a Further Amended Statement of Claim in the form served on 13 September 2018. (3) Pursuant to s 56A of the Limitation Act 1969 (NSW) the limitation period for the cause of action pleaded in paragraph 1 of the Further Amended Statement of Claim is extended to 11 August 2017. (4) Pursuant to s 56A of the Limitation Act 1969 (NSW) the limitation period for the cause of action pleaded in paragraphs 2A and 2B of the Further Amended Statement of Claim is extended to the date upon which the leave sought in order 1 is granted plus 1 day. (5) The defendant is to pay the plaintiff's costs of the notice of motion and hearing. (6) Matter stood over to the Defamation List on Thursday 22 November 2018. Catchwords: TORT – defamation – limitation – application to amend statement of claim and extend limitation period – plaintiff brings proceedings for anonymous letters placed in letterboxes – defence initially denies publication but then pleads that he published outside the limitation period – requirements of "not reasonable" test satisfied – no issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 58 and 64 Limitation Act 1969 (NSW), ss 14B and 56A Uniform Civil Procedure Rules 2005 (NSW), r 21.7 Cases Cited: Ahmed v Harbour Radio Pty Ltd [2010] NSWSC 676 Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Carey v Australian Broadcasting Corporation (2012) 290 ALR 348 Casley v Australian Broadcasting Corporation [2013] VSCA 182 Cassar v Network Ten Pty Limited [2012] NSWSC 680 Clark v Ibrahim [2014] VSC 30 Evertz v Report Card Pty Ltd [2016] NSWSC 1298 Han v The Australian Kung Fu (Wu Shu) Federation Inc [2011] VSC 498 Marshall v Megna; Megna v Tory; Tory v Megna [2013] NSWCA 30 Schlaepfer v Australian Securities and Investments Commission [2017] NSWSC 47 Wookey v Quigley (No 2) [2010] WASC 209 Category: Procedural and other rulings Parties: Plaintiff: Nicholas John Byrne Defendant: Garry Patrick Hamilton Representation: Counsel: Plaintiff: Ms L Barnett Defendant: Mr B Goldsmith (solicitor)