Dehsabzi & Dehsabzi v John Fairfax Publications Pty Ltd

In the matter of Dehsabzi & Dehsabzi v John Fairfax Publications Pty Ltd, the plaintiffs sought to bring defamation proceedings against the defendant, John Fairfax Publications Pty Ltd, in relation to an article titled "Lost In Translation" published in the Australian Financial Review on 25 and 26 September 2004. The plaintiffs filed a summons for leave to extend the time to bring the proceedings, which was served on the last day of the time permitted for such an application. No statement of claim was filed alongside the summons, and the defendant argued that the plaintiffs' proceedings were prejudiced and hopeless. The court was required to determine whether the summons for an extension of time was validly served, and if the plaintiffs' claims of prejudice and hopelessness were substantiated.

The court examined whether the summons for an extension of time was validly served on the defendant, considering the procedural requirements and the timing of the application. The plaintiffs contended that the summons was served on the last day of the permissible period, which they argued was still within the required timeframe. The court also considered the plaintiffs' claims of prejudice and the assertion that the proceedings were hopeless. The plaintiffs argued that the defendant had acted in a way that prejudiced their ability to bring the proceedings within the prescribed time, and that the proceedings were now futile due to the delay.

The court found that the summons for an extension of time was not validly served as it was delivered on the last day of the permitted period, thereby exceeding the allowable time. The court further determined that the plaintiffs had not demonstrated any prejudice or hopelessness that would warrant an extension of time. The court held that the plaintiffs' claims were speculative and did not provide sufficient grounds for granting the extension. Consequently, the plaintiffs' summons for an extension of time was dismissed.

The court dismissed the plaintiffs' summons for an extension of time to bring proceedings in New South Wales and the Northern Territory arising from the publication "Lost In Translation" in the Australian Financial Review on 25 and 26 September 2004. No order was made as to costs, and the parties were granted liberty to restore in relation to costs. The exhibits were to remain with the file for 28 days.