Piscioneri v Reardon

Case [2015] ACTSC 61


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Gabriella Jean Piscioneri v Marek Janusz Michael Reardon

Citation:

[2015] ACTSC 61

Hearing Date(s):

28 October 2014

DecisionDate:

28 October 2014

Publication of Reasons

Date

14 April 2015

Before:

Refshauge J

Decision:

1.    The application is dismissed.

2.    The Applicant pay the costs of the application, except for the costs of the preparing and filing of the submissions of the Defendant dated 20 October 2014.

3.    Liberty be reserved to the Defendant to apply for the Plaintiff to pay the costs of the submission referred to in Order 2 when any defence pleaded in the proceedings that the applicable limitation period has expired is determined, as the proceedings themselves are determined or otherwise brought to an end.

4.    The Applicant be permitted to use a Post Office box as an address for service.

Category:

Principal Judgment

Catchwords:

DEFAMATION – Time for commencement of proceedings – No requirement for leave before filing originating process

LIMITATION PERIOD – Fraud and Concealment – Concealing identity – Online username

LIMITATION PERIOD – Application seeking extension of time – Statutory bar does not affect the jurisdiction of the court – Expiry of limitation period defence must be specifically pleaded

Legislation Cited:

Legislation Act 2001 (ACT), s 126(1)

Limitation Act 1985 (ACT), ss 21B, 33, 41, 44
Limitation Act 1980 (UK), ss 32, 36, 37, 38, 39, 40
Road Transport (Third-Party Insurance) Act 2008 (ACT), s 145(2)

Court Procedures Rules 2006 (ACT), r 650

Cases Cited:

Australian Iron & Steel Ltd v Hoogland (1962) 108 CLR 471

Banque Commerciale SA En Liquidation v Akhil Holdings Ltd (1990) 169 CLR 279
Cave v Robinson Jarvis & Rolf [2003] 1 AC 384
Commonwealth v Cornwell (2007) 229 CLR 519
Commonwealth v Verwayen (1990) 170 CLR 394
James v Australia & New Zealand Banking Group Ltd (1986) 64 ALR 347
L & A Services Pty Ltd v J & R [1995] 2 Qd R 10
Milojevic v Roh Industries Pty Ltd (1991) 56 SASR 78
Paramasivam v Flynn (1998) 90 FCR 489
Pullen v Gutteridge Haskins & Davey Pty Ltd [1993] 1 VR 27
Racic v Haltinen [2010] ACTSC 63
Re a Former Officer of Australian Security Intelligence Organisation [1987] VR 875
Re Felicity; FM v Secretary, Department of Family and Community Services (No 4) [2015] NSWCA 19
Riches v Director of Public Prosecutions [1973] 1 WLR 1019
Robinson v Craven (1994) 63 SASR 267
Ronex Properties Ltd v John Laing Constructions Ltd [1983] QB 398
Singh v Rodden [2013] ACTSC 272
Workcover Queensland v Amaca Pty Ltd (2010) 241 CLR 420

Parties:

Gabriella Jean Piscioneri (Plaintiff)

Marek Janusz Michael Reardon (Defendant)

Representation:

Counsel

Gabriella Jean Piscioneri Self-represented (Plaintiff)

Mr S Malcolmson (Defendant)

Solicitors

Self-represented (Plaintiff)

Reardon & Associates Lawyers (Defendant)

File Number(s):

SC 395 of 2014

Refshauge J:

  1. The Plaintiff, Gabriella Jean Piscioneri, is a lawyer, who does not appear to be in current practice.  She appears to have ceased practice in 2007.

  1. On 8 September 2014, she…

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Details
AGLC
Piscioneri v Reardon [2015] ACTSC 61
Case
[2015] ACTSC 61
Decision Date

CaseChat Overview and Summary

The parties involved in the case of Piscioneri v Reardon were the Plaintiff, Piscioneri, and the Defendant, Reardon. The dispute centred around defamation claims arising from statements Reardon allegedly made online under a pseudonym. The court hearing this case was the Supreme Court of Victoria. The legal issues before the court included the time frame within which defamation proceedings could be initiated, the implications of fraud and concealment on the limitation period, and the procedural requirements for seeking an extension of time to file such claims. Additionally, the court had to determine whether the expiry of the limitation period must be specifically pleaded as a defence.

The court examined the statutory requirement that defamation proceedings be initiated within a certain time frame, noting that no leave is necessary before filing the originating process. The court also assessed the impact of fraud and concealment on the limitation period, specifically Reardon's concealment of their identity through the use of an online username. The court determined that while the statutory bar does not affect the court's jurisdiction, the defence of the expiry of the limitation period must be specifically pleaded. The court found that the Plaintiff's application for an extension of time to file the proceedings was dismissed, as the necessary conditions for such an extension were not met.

The court ordered that the application be dismissed and that the Applicant pay the costs of the application, except for specific costs related to the Defendant's submissions. Additionally, the court reserved the right for the Defendant to seek costs related to the submissions at a later stage in the proceedings. The Applicant was also granted permission to use a Post Office box as their address for service. The court's decision underscored the importance of timely and specific pleadings in defamation cases, particularly in relation to limitation periods and fraud.

Orders

Orders of the court

1. The application is dismissed.

2. The Applicant pay the costs of the application, except for the costs of the preparing and filing of the submissions of the Defendant dated 20 October 2014.

3. Liberty be reserved to the Defendant to apply for the Plaintiff to pay the costs of the submission referred to in Order 2 when any defence pleaded in the proceedings that the applicable limitation period has expired is determined, as the proceedings themselves are determined or otherwise brought to an end.

4. The Applicant be permitted to use a Post Office box as an address for service.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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