Mowen v The Morning Bulletin/APN

The appellant, Mowen, filed an appeal against the respondents, The Morning Bulletin and APN, alleging defamation. The trial judge had dismissed the appellant's application to extend the time limit for filing the claim, pursuant to section 32A of the Limitation of Actions Act 1974 (Qld), and subsequently struck out the appellant's claim and statement of claim. The appellant argued that the primary judge failed to recognise that the relevant stories were still being published and cited ignorance of the law as a ground for appeal. Additionally, the appellant sought leave to introduce new evidence that was largely available at the original hearing.

The court was required to determine whether the primary judge erred in dismissing the appellant’s application to extend the time limit, whether the primary judge erred in striking out the appellant’s claim and statement of claim, and whether the appellant's application to introduce further evidence should be dismissed. The court considered the statutory provisions, the availability of evidence at the original hearing, and the grounds for the appeal.

The court found that the primary judge did not err in dismissing the application to extend the time limit or in striking out the claim and statement of claim. The court held that the stories in question were not being continuously published in a manner that would restart the limitation period, and the appellant's ignorance of the law did not provide a valid ground for relief. The court also dismissed the application to introduce further evidence, noting that much of the material was already available at the original hearing.

The court dismissed the appeal and ordered that the appellant pay the respondents' costs of and incidental to the appeal on an indemnity basis.