Meyer v Solomon

In Meyer v Solomon, the respondent, Meyer, sought leave to commence proceedings against the applicant, Solomon, for allegedly defamatory publications. The application was made three years after the publication, but one day before the expiry of the statutory limitation period under the Limitation Act 2005 (WA). The primary issue before the court was whether the plaintiff could be granted leave to commence proceedings outside the 12-month statutory limitation period. The court considered whether it was not reasonable in the circumstances for the plaintiff to commence proceedings within 12 months of the publication and whether the court had to grant leave to the full extent of the three-year outer limit if the basis was shown to extend beyond 12 months.

The court held that the threshold for determining whether it was not reasonable in the circumstances for the plaintiff to commence proceedings within 12 months had been met. The court found that the plaintiff had not acted reasonably in delaying the proceedings due to the plaintiff's own actions. The court also held that its power to grant leave under section 40 of the Limitation Act was at large within the three-year outer limit. However, the court did not grant leave to the full extent required to redress the defectiveness of the writ. The court found that the potential to grant leave after the event (nunc pro tunc) was not available in this case because the writ filed out of time was a nullity. The court granted leave to the plaintiff to commence proceedings but not to the full extent of the three-year outer limit.