Hollier v Australian Maritime Safety Authority (No 2)

Hollier and others appealed against the Federal Court's decision to dismiss their claims against the Australian Maritime Safety Authority (AMSA). The claimants sought damages and an injunction for AMSA's alleged misuse of information, breach of statutory duty, and defamation. The Federal Court held that AMSA was not liable to the claimants and that the claimants' claims were, in any event, statute-barred. The claimants appealed, contending that the primary judge erred in concluding that their claims were statute-barred, and in dismissing their claims on the merits. The court of appeal found that the claimants' claims were statute-barred by the Limitation of Actions Act 1974 (Cth). The claimants' claims were based on the publication of allegedly defamatory statements in a press release issued by AMSA in 1994, and the court held that the claimants' claims accrued, or should have been discovered by them, by the end of 1994. The claims were not brought within the relevant limitation period, and were statute-barred. The appeal was dismissed, and the claimants were ordered to pay the costs of the respondents.