Mowen v Morning Bulletin/APN

The case of Mowen v Morning Bulletin/APN involved an application by the applicant to extend the limitation period for bringing a defamation claim against the respondents, who were publishers of certain defamatory statements. The application was made under section 32A of the Limitation of Actions Act 1974 (Qld). The respondents argued that the claim was time-barred, asserting that it was not reasonable for the applicant to have delayed in bringing the action within one year of the publication of the defamatory matter.

The court was required to determine whether the applicant had demonstrated sufficient grounds for an extension of the limitation period. The legal issues included whether the applicant had exercised due diligence in investigating the defamatory statements and whether there were exceptional circumstances justifying an extension of time. The court examined the applicant's actions and the reasons for the delay in bringing the claim, considering factors such as the applicant's awareness of the defamatory content, the steps taken to investigate, and any impediments to bringing the action within the standard limitation period.

In reaching its decision, the court held that the applicant had not shown sufficient grounds for an extension of the limitation period. The court found that the applicant had not acted with due diligence in investigating the defamatory statements and had failed to demonstrate exceptional circumstances that would justify extending the time limit. Consequently, the court dismissed the application, ordered the claim and statement of claim to be struck out, and directed the applicant to pay the respondents’ costs of the application on an indemnity basis and its costs of the proceedings on the standard basis.