Australian Securities and Investments Commission v Schlaepfer

The Australian Securities and Investments Commission (ASIC) sought leave to appeal a decision of a primary judge who had extended the time for Mr. Schlaepfer to commence defamation proceedings against ASIC. The dispute arose from an alleged slander by ASIC.

The central legal issue before the Court of Appeal was whether the primary judge erred in finding that Mr. Schlaepfer did not become aware of the alleged slander until after the expiry of the twelve-month limitation period prescribed for defamation actions. The Court was asked to consider if there was an issue of principle involved in the primary judge's determination.

The Court of Appeal found no error in the primary judge's reasoning. It was held that the primary judge had correctly applied the relevant legal principles in determining when Mr. Schlaepfer acquired knowledge of the slander. The Court concluded that there was no issue of principle that warranted granting leave to appeal.

Consequently, the application for leave to appeal was dismissed, and ASIC was ordered to pay Mr. Schlaepfer's costs.