Parizian v Seven Network Limited

District Court

New South Wales

Medium Neutral Citation:	Parizian v Seven Network Limited [2018] NSWDC 296
Hearing dates:	11 October 2018
Date of orders:	18 October 2018
Decision date:	18 October 2018
Jurisdiction:	Civil
Before:	Gibson DCJ
Decision:	(1) Plaintiff’s notice of motion seeking an extension of time to commence proceedings pursuant to s 56A Limitation Act 1969 (NSW) is dismissed. (2) Costs reserved with liberty to apply. (3) The plaintiff is to file and serve any amended statement of claim (if still pursued) in 14 days, such amendments to restrict the claim to the 12-month period prior to the filing of the statement of claim. (4) The parties have liberty to bring in Short Minutes of Order concerning a timetable for the future conduct of the proceedings.
Catchwords:	TORT – defamation – application for extension of time to commence proceedings
Legislation Cited:	Civil Procedure Act 2005 (NSW), s 65 Limitation Act 1969 (NSW), ss 14B and 56A Motor Accidents Compensation Act 1999 (NSW)
Cases Cited:	Ahmed v Harbour Radio Pty Ltd [2010] NSWSC 676 Barrett v TCN Nine Pty Limited [2017] NSWCA 304 Carey v Australian Broadcasting Corporation (2012) 84 NSWLR 90 Homsi v Nabulsi [2017] NSWDC 16 Houda v State of NSW [2012] NSWSC 1036 Noonan v MacLennan [2010] QCA 50 Pingel v Toowoomba Newspapers [2010] QCA 175 Rayney v Western Australia (No 3) [2010] WASC 83 Tsiadis v Patterson (2001) 4 VR 114 Van Garderen v Channel Seven Melbourne Pty Limited [2016] VCC 953 Wookey v Quigley (No 2) [2010] WASC 209
Category:	Procedural and other rulings
Parties:	Plaintiff: Boghos Parizian First Defendant: Seven Network Limited Second Defendant: Channel Seven Adelaide Pty Ltd
Representation:	Counsel: Plaintiff: Mr M K Rollinson Defendants: Mr M Richardson   Solicitors: Plaintiff: JN Legal Defendants: Johnson Winter and Slattery
File Number(s):	2018/56583
Publication restriction:	None

Judgment

The plaintiff’s application for extension of time

1. By notice of motion filed on 24 August 2018, the plaintiff seeks orders as follows:

1. That under s 56A Limitation Act 1969 (NSW), the limitation period for the cause of action in respect of the broadcast pleaded in paragraphs 3(a), 4(A) and 4(B)(a), and the publication via the internet website pleaded in paragraphs 3(b) and 4(B)(b), of the Amended Statement of Claim be extended until the date of filing of the Amended Statement of Claim, being 13 June 2018.

2. Such further or other order as the Court sees fit.

3. That the costs of the motion be costs in the cause.

The issues for determination

2. The plaintiff initially brought two applications. The first related to the misnomer of the first defendant, which has been corrected from “Seven Network Pty Limited”, a non-existent entity, to “Seven Network Limited”. The defendants do not object to an order under s 65(2)(b) Civil Procedure Act 2005 (NSW) substituting “Seven Network Limited” for “Seven Network Pty Limited”, although they point out that the first defendant denies publication of the matter complained of and remains the wrong entity to have been sued.

3. The sole remaining application before…