Nasr v Etihad Airways PJSC

Nasr (the applicant) sought leave to appeal against a decision of the primary judge who had struck out his claim for damages for defamation against Etihad Airways PJSC (the respondent). The primary judge found that the claim was statute-barred, having been commenced more than three years after the alleged defamatory publications.

The central legal issue before the Court of Appeal was whether the primary judge erred in striking out the defamation claim as being out of time. This involved considering the application of the relevant limitation period to the facts of the case and whether any exceptions or grounds for extension were applicable.

The Court of Appeal, comprising Meagher and Barrett JJA, dismissed the application for leave to appeal. Their Honours concluded that there was no question of principle involved in the appeal, indicating that the primary judge's decision was likely a straightforward application of the law to the facts concerning the limitation period for defamation claims. The court found no error in the primary judge's determination that the claim was statute-barred.

The application for leave to appeal was dismissed with costs.