Spedding v Dailymail.com Australia Pty Ltd [2018] NSWSC 1963

Supreme Court New South Wales

Medium Neutral Citation: Spedding v Dailymail.com Australia Pty Ltd [2018] NSWSC 1963 Hearing dates: 23 November 2018, 12 December 2018 Decision date: 14 December 2018 Jurisdiction: Common Law Before: McCallum J Decision: That the limitation period for bringing an action on the causes of action for defamation pleaded in pars 3, 7 and 11 of the statement of claim filed 22 March 2018 be extended to 22 March 2018; that the plaintiff's notice of motion filed 1 May 2018 otherwise be dismissed. Catchwords: LIMITATION OF ACTIONS – general – application of statutes of limitation – action for defamation – imputation that the plaintiff is a convicted paedophile – where plaintiff facing criminal charges for sexual offences against children at time of publication – advice obtained from senior and junior counsel that no defamation claim should be pursued prior to conclusion of criminal proceedings – whether "not reasonable test" satisfied Legislation Cited: Limitation Act 1969 (NSW), s 56A Cases Cited: Barrett v TCN Channel Nine Pty Ltd [2017] NSWCA 304 Houda v State of New South Wales [2012] NSWSC 1036 Category: Procedural and other rulings Parties: William Spedding (plaintiff) Dailymail.com Australia Pty Ltd (defendant) Representation: Counsel: L Goodchild then T Molomby SC (plaintiff) S Chrysanthou (defendant)

Solicitors: O'Brien Criminal & Civil Solicitors Pty Ltd (plaintiff) Mark O'Brien Legal (defendant) File Number(s): 2018/91447 Publication restriction: None