Buckley v Newcastle Newspapers Pty Ltd

CITATION:	Buckley v Newcastle Newspapers Pty Ltd [2008] NSWDC 90 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S):	9 May 2008
EX TEMPORE JUDGMENT DATE:	9 May 2008
JURISDICTION:	Civil
JUDGMENT OF:	Gibson DCJ
DECISION:	(1) Extend time to commence proceedings pursuant to s 56A to 27 November 2007. (2) Plaintiff pay the defendant’s costs of the Notice of Motion and of the 4 April 2008. (3) Plaintiff pay the defendant’s costs by reason of the filing of the Further Amended Statement of Claim. (4) These proceedings are listed for further directions on Friday 16 May 2008; defendant to notify of objections (if any) to the Further Amended Statement of Claim by Thursday 15 May 2008.
CATCHWORDS:	LIMITATIONS - defamation - delay of almost two years - plaintiff involved in coronial inquiry and on stress leave - subsequent wrong advice from solicitors re limitation period - extension granted
LEGISLATION CITED:	Defamation Act 1974 (NSW) Limitation Act 1969 (NSW), ss 14B, 56A and 60G(2)
CASES CITED:	Boland v Dillon; Cush v Dillon (No 2) [2007] NSWDC 77 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Dehsabzi & Dehsabzi v John Fairfax Publications Pty Ltd [2007] NSWDC 247 Dennis v Australian Broadcasting Corp [2008] NSWCA 37 Itek Graphix Pty Ltd v Elliott (2002) 54 NSWLR 207 Maitland v Nationwide News Pty Ltd [2004] NSWCA 155 Russo v Aiello (2003) 201 ALR 231
PARTIES:	Plaintiff: Shane Buckley First Defendant: Newcastle Newspapers Pty Ltd Second Defendant: Joanne McCarthy
FILE NUMBER(S):	1570 of 2008
COUNSEL:	Plaintiff: D Harkin Defendant: D Sibtain
SOLICITORS:	Plaintiff: Nicolas Moir & Associates Pty Ltd Defendant: Freehills

JUDGMENT

1. HER HONOUR: The plaintiff commenced proceedings for defamation in the District Court at Newcastle on 27 November 2007. The causes of action are two publications in The Newcastle Herald dated 22 January 2005 and 23 January 2005. By reason of the operation of the Limitation Act 1969 (NSW) which in s 14B(3) reduced the limitation period to one year, the cause of action was out of time by approximately one year and eleven months.

2. Section 56A provides a procedure for the extension of the limitation period in s 14B. Section 56A(4) provides:

“After hearing such of the persons likely to be affected by the application as it sees fit, the court may, if it decides that it is just and reasonable to do so, order that the limitation period for the cause of action be extended for such period as it determines. However, the court cannot extend the period beyond 3 years running from the date on which the defamatory matter concerned was published.”

3. The parties have agreed in their submissions before me that the language of this provision is similar to the language of s 60G(2) Limitation Act 1969 concerning the extension of time for an action for negligence, nuisance, breach of duty or personal injury and that I can accordingly have regard to…