McKay v Paule

McKay v Paule concerned an application for leave to appeal an interlocutory decision made by a primary judge in a defamation matter. The primary judge had extended the limitation period for the respondent to bring their defamation proceedings. The applicant sought leave to appeal this decision.

The central legal issue before Mossop J was whether the primary judge's decision to extend the limitation period was attended with sufficient doubt to warrant the grant of leave to appeal. The applicant argued that granting leave would cause delay and fragmentation of the overall defamation proceedings.

Mossop J reasoned that the applicant had contributed to the delay in bringing the proceedings, and that the primary judge's decision was not sufficiently doubtful to justify granting leave to appeal. Consequently, the application for leave to appeal was dismissed, and the applicant was ordered to pay the respondent's costs of the application.