KMPG Pty Ltd v Owen

KPMG Pty Ltd initiated legal proceedings against Owen in the Federal Court, seeking damages for defamation. The dispute arose from allegedly defamatory publications made by Owen, which KPMG claimed had damaged its reputation. Given the nature of the defamation claim, the limitation period under the Limitation Act 2005 (WA) was a significant concern. KPMG's application to commence proceedings was out of time, necessitating an extension under section 40(2) of the Act.

The court was tasked with determining whether to exercise its discretion to extend the limitation period for commencing the defamation proceedings. Factors considered included the difficulty in identifying the authors of the defamatory publications, the necessity for two discovery applications, and the personal circumstances of KPMG. The persistence of KPMG in pursuing the claims before the limitation period expired also played a crucial role in the court's deliberations.

The court held that the application for an extension of the limitation period was permissible, except for the period between 2 June and 2 August 2021. The court reasoned that while KPMG had shown reasonable diligence in pursuing the claim, the two-month delay was not justified. Consequently, the court allowed the application for an extension of the limitation period, effective until 2 August 2022, but not for the specified two-month period where the delay was deemed unreasonable.

The court's final orders extended the time for KPMG to commence the defamation proceedings to 2 August 2022, with the exception of the two-month period mentioned above. The entry of these orders is governed by Rule 39.32 of the Federal Court Rules 2011.