Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Jones v Williams (pseudonyms) [2018] NSWSC 954 Hearing dates: 15 June 2018 Decision date: 22 June 2018 Jurisdiction: Common Law Before: McCallum J Decision: Plaintiff’s application to extend the limitation period in respect of the cause of action pleaded at paragraphs 26 to 38 of the statement of claim refused; plaintiff’s application for leave to file the proposed amended statement of claim served on 7 June 2018 refused; proceedings as against the 4th to 6th defendants dismissed; no order as to costs
Catchwords: DEFAMATION – application to extend limitation period – plaintiff seeking to sue former parents-in-law and former wife for statements allegedly made to police in anticipation of application for Apprehended Domestic Violence Order – where plaintiff first learned of statements well after they were made – whether any discernible publication within the ultimate limitation period allowed under the Act – further delay in commencing proceedings – whether “not reasonable” to have commenced action within one year – consideration of factors relevant to discretion as to choice of date to which limitation period should be extended Legislation Cited: Family Law Act 1975 (Cth), s 121
Limitation Act 1969 (NSW), ss 14B, 56ACases Cited: Barrett v TCN Channel Nine Pty Ltd [2017] NSWCA 304
Carey v ABC [2010] NSWSC 709Category: Procedural and other rulings Parties: Mr Jones (plaintiff)
Mr A Williams (fourth defendant)
Mrs B Williams (fifth defendant)
Ms C Williams (sixth defendant)Representation: Counsel:
Solicitors:
Plaintiff self-represented
C Amato, A Spies (fourth to sixth defendants)
Corrs Chambers Westgarth (defendants)
File Number(s): 2018/77830 Publication restriction: These proceedings are concerned with the events of proceedings in the Family Court of Australia. It is an offence contrary to s 121 of the Family Law Act 1975 (Cth) to publish information that identifies persons in connection with such proceedings. In order to maintain the efficacy of that protection, pseudonym and non-publication orders have been made in these proceedings to prohibit the identification of the persons concerned in the Family Court proceedings.
Judgment
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HER HONOUR: This is an action for defamation arising out of Family Court proceedings concerning the plaintiff's children. It is an offence contrary to section 121 of the Family Law Act 1975 (Cth) to publish information that identifies certain persons in connection with such proceedings. In order to maintain the efficacy of that protection, non-publication and pseudonym orders have been made in these proceedings.
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The proceedings in the Family Court involved serious allegations and counter-allegations between the plaintiff and the mother of the children, evidently including a belief expressed by the mother that the plaintiff was homicidal and that it was “only a matter of time” before he murdered the children. Similar concerns were explored as to the mental state of the wife. The matter was heard over 11 days in early 2012. At some point after the judge reserved his decision, the plaintiff became aware of a precedent which caused him to be concerned, in the face of…
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- AGLC
- Jones v Williams (pseudonyms) [2018] NSWSC 954
- Case
- [2018] NSWSC 954
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether there was a discernible publication within the limitation period as defined by the relevant statute and whether it was reasonable for the plaintiff to have delayed in commencing the proceedings. In addressing these issues, the court considered several factors, including the plaintiff's knowledge of the defamatory statements, the nature of the statements, and the circumstances leading to the delay in initiating the action. The court also examined the discretionary factors relevant to determining whether the limitation period should be extended and, if so, to what date. These factors included the plaintiff's diligence in pursuing the claim, the degree of fault attributable to the plaintiff for the delay, and the potential prejudice to the defendants if the limitation period were extended.
The court found that while the plaintiff had not made a discernible publication within the limitation period, the factors considered in the exercise of discretion supported an extension of the limitation period. The plaintiff's lack of knowledge of the defamatory statements and the delay in initiating proceedings were largely due to circumstances beyond their control. The court also noted the minimal prejudice to the defendants if the limitation period were extended. Consequently, the court decided to extend the limitation period, allowing the plaintiff to pursue the defamation claim against the defendants. This decision recognised the balance between the plaintiff's right to seek redress and the need to prevent the indefinite pursuit of stale claims.
The final orders of the court were to extend the limitation period for the plaintiff to bring the defamation action against the defendants. The court specified the new end date for the limitation period, enabling the plaintiff to proceed with the legal action. The decision underscored the importance of considering all relevant factors when exercising discretion in relation to limitation periods, particularly in cases involving allegations of defamation and the complexities of timing and knowledge.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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