Boland v Dillon; Cush v Dillon (No. 2)

The case of Boland v Dillon; Cush v Dillon (No. 2) involved a dispute over defamation claims brought by the plaintiffs against the defendant. The matter was heard in the Supreme Court of Western Australia. The plaintiffs sought an extension of time to bring their proceedings, which had lapsed due to the expiration of the limitation period. The legal issues before the court were whether the plaintiffs had made out a case for an extension of time under section 56A of the Limitation Act 1969 and, if so, what the appropriate extension period should be.

The court examined the circumstances under which the plaintiffs became aware of the defamatory statements and the reasons for their delay in bringing the proceedings. The plaintiffs argued that they were not aware of the defamatory statements until a later date, which fell outside the standard limitation period. The court had to consider whether the plaintiffs' lack of knowledge constituted a "special circumstance" under the Act, warranting an extension. The court found that the plaintiffs had indeed demonstrated a special circumstance that justified an extension of time. The court then proceeded to determine the appropriate duration of the extension, taking into account the nature of the delay and the potential prejudice to the defendant.

Consequently, the court granted the plaintiffs' application for an extension of time, specifying that the limitation period for bringing the defamation causes of action was extended to expire on 18 February 2006. The court also ordered that the plaintiffs were to pay the defendant's costs associated with the notice of motion. This decision allowed the plaintiffs to proceed with their defamation claims, provided they initiated the proceedings within the extended timeframe.