FEDERAL COURT OF AUSTRALIA
Landrey v Nine Network Australia Pty Ltd [2023] FCA 27
File number: NSD 809 of 2022 Judgment of: LEE J Date of judgment: 27 January 2023 Catchwords: PRACTICE AND PROCEDURE – application for extension of limitation period to commence action in defamation – whether not reasonable in circumstances for applicant to have commenced action – where criminal proceedings brought against applicant – application refused on a review of all the circumstances of the case Legislation: Evidence Act 1995 (Cth) Pt 3.4, s 75
Crimes Act 1900 (NSW) ss 192E(1)(b), 254(b)(ii)
Criminal Procedure Act 1986 (NSW)
Defamation Amendment Act 2020 (NSW)
Limitation Act 1969 (NSW) ss 14B, 56A, 56A(2)
Cases cited: Barrett v TCN Channel Nine Pty Ltd [2017] NSWCA 304; (2017) 96 NSWLR 478
Casley v Australian Broadcasting Corporation [2013] VSC 251
Combined Property Holdings Pty Ltd v Galea [2020] QSC 338
Houda v State of New South Wales [2012] NSWSC 1036
Joukhador v Network Ten Pty Ltd [2021] FCAFC 37; (2021) 283 FCR 1
Lamb v Munster (1882) 10 QBD 110
Landrey v Director of Public Prosecutions (NSW) [2022] NSWCA 211
Lee v New South Wales Crime Commission [2013] HCA 39; (2013) 251 CLR 196
Paule v McKay (No 2) [2022] ACTSC 190; (2022) 18 ACTLR 135
Division: General Division Registry: New South Wales National Practice Area: Other Federal Jurisdiction Number of paragraphs: 67 Date of hearing: 16 December 2022 Counsel for the Applicant: Mr C Parkin Solicitor for the Applicant: Whitfield Solicitors Counsel for the Respondents: Mr M J Hoyne Solicitor for the Respondents: Thomson Geer ORDERS
NSD 809 of 2022 BETWEEN: GEOFFREY LANDREY
Applicant
AND: NINE NETWORK AUSTRALIA PTY LTD (ACN 008 685 407)
First Respondent
TCN CHANNEL NINE PTY LTD (ACN 001 549 560)
Second Respondent
BRADY HALLS (and another named in the Schedule)
Third Respondent
ORDER MADE BY:
LEE J
DATE OF ORDER:
27 JANUARY 2023
THE COURT ORDERS THAT:
1.The applicant’s claim for interlocutory relief referred to in the amended originating application dated 28 October 2022 be dismissed with costs.
2.Within seven days of the making of this order, the proceedings be dismissed with costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
LEE J:
A INTRODUCTION
Mr Geoffrey Landrey seeks an order under s 56A of the Limitation Act 1969 (NSW) (Limitation Act) extending the one-year limitation period for bringing an action in defamation, along with an order staying this proceeding pending the conclusion of criminal proceedings brought against him.
This proceeding was commenced on 21 September 2022. It relates to a publication by Nine Network Australia Pty Limited (Nine Network), being a television programme broadcast on 15 October 2019, namely a segment of the programme “A Current Affair” entitled “Where’s our money, Geoff?” (Television Broadcast). The Television Broadcast was subsequently published online and made available to view…
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- Case
- [2023] FCA 27
- Decision Date
CaseChat Overview and Summary
The court emphasised the importance of an objective assessment of the circumstances, taking into account the statutory intention to enforce limitation periods and the principle that facing criminal charges generally does not render it unreasonable to commence civil proceedings. The court noted that the applicant's health issues, while acknowledged, did not objectively impact his ability to commence the action. Furthermore, the court found that the applicant's cooperation with the criminal investigation undermined his claim of maintaining a right to silence. The court concluded that the applicant had not discharged the burden of proving that it was not reasonable for him to commence the action within the limitation period.
In light of the findings, the court dismissed the applicant's claim for interlocutory relief and ordered the proceedings to be dismissed with costs. The court's decision underscored the need for a comprehensive evaluation of all objective circumstances, rather than relying solely on subjective reasons or general principles. The applicant's reasons for the delay did not sufficiently justify an extension of the limitation period, and the court adhered to the statutory intention by enforcing the limitation rules.
Orders
Orders of the court
1. The applicant’s claim for interlocutory relief referred to in the amended originating application dated 28 October 2022 be dismissed with costs.
2. Within seven days of the making of this order, the proceedings be dismissed with costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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