NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Clarke v Herrick [2019] NSWDC 533 Hearing dates: 12 September 2019 Date of orders: 12 September 2019 Decision date: 12 September 2019 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Proceedings struck out and dismissed. (2) Plaintiff pay the defendants' costs. (3) Exhibits retained for 28 days. Catchwords: LIMITATION OF ACTIONS – claim for defamation brought more than three years after publication – no issue of principle Legislation Cited: Limitation Act 1969 (NSW), ss 14B and 56A Cases Cited: Bahonko v Sterjov & Ors [2007] FCA 1244 Bahonko v Sterjov [2008] FCAFC 30 Barrett v TCN Channel Nine Pty Ltd [2017] NSWCA 304 Clarke v Fenn [2018] NSWDC 336 Naicker v South Eastern Sydney Local Health District T/A Royal Hospital For Women [2016] FWC 5697 Nyoni v Pharmacy Board of Australia (No 6) [2018] FCA 526 Zaghloul v Woodside Energy Limited (No 8) [2019] FCA 971 Category: Principal judgment Parties: Plaintiff: Sharmain Daisy Clarke First Defendant: Julie Herrick Second Defendant: South Eastern Sydney Local Health District trading as Prince of Wales Hospital Representation: Counsel: Plaintiff: In person Defendants: Mr D Sibtain
Solicitors: Plaintiff: In person Defendants: Hicksons Lawyers File Number(s): 2019/134260 Publication restriction: None
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