Teh v Woodworth

Case [2022] NSWDC 411


District Court


New South Wales

Medium Neutral Citation: Teh v Woodworth & Anor [2022] NSWDC 411
Hearing dates: 9 September 2022
Date of orders: 15 September 2022
Decision date: 15 September 2022
Jurisdiction:Civil
Before: Gibson DCJ
Decision:

Orders:

(1)   Plaintiff’s application for an extension of time to commence proceedings in relation to the publications dated 17 August 2019 and 20 February 2020 refused.

(2) Plaintiff’s claim for defamation for other publications for the period 21 July 2021 onwards (including the publication alleged to have been made on 16 June 2022) struck out by reason of failure to comply with ss 10A, 12A and 12B of the Defamation Act 2005 (NSW).

(3)   Plaintiff’s claim for slander struck out as an abuse of process.

(4)   Proceedings struck out and dismissed.

(5)   Plaintiff pay defendants’ costs.

Catchwords:

TORT - defamation - application for extension of limitation period for plaintiff to commence action in defamation pursuant to ss 14B and 56A of the Limitation Act 1969 (NSW) - two publications in 2019 and 2020 opposing a development application by a neighbour - matters complained of had been in the plaintiff’s possession since May 2020 - whether not reasonable in the circumstances for the plaintiff to have commenced action in defamation within one year of publication - where names of the plaintiffs were redacted by Council - where plaintiff asserted there was a further publication by Council of the matters in 2022 - whether the whole of the proceedings should be struck out or an asserted 2022 publication permitted - whether concerns notice invalid for failure to refer to 2022 publication or provide particulars of serious harm - application for extension refused - proceedings struck out and dismissed

Legislation Cited:

Defamation Act 2005 (NSW) s 7, 10A, 12A and 12B

Limitation Act 1969 (NSW) ss 14, 56A and 56D

Cases Cited:

Barilaro v Shanks-Marcovina (No 3) [2021] FCA 1100

Cassar v Network Ten Pty Ltd [2012] NSWSC 680

Clayton v Heffron (1960) 105 CLR 214

Daryanani v Ramnani [2017] EWHC 183

David v Gabriel [2016] EWHC 2799 (QB)

Do v Kolsumdet Pty Ltd [2022] FCA 1057

Duraisamy v Sydney Trains [2019] NSWCA 269

Emmerton v University of Sydney [1970] 2 NSWR 633

Hunter Resources Ltd v Melville (1988) 164 CLR 234

Joukhador v Network Ten Pty Ltd [2021] FCAFC 37

Lachaux v Independent Print Ltd and another [2020] AC 612

M1 v R1 & Ors [2022] NSWDC 409

Maple v David Syme & Co (1974) 1 NSWLR 290

Newcombe v O’Connor & O’Connor [2022] QDC 19

Newman v Whittington [2022] NSWSC 249

Raghubir v Nicolopoulos [2021] FCA 1073

Raghubir v Nicolopoulos [2022] FCAFC 97

Raghubir v Nicolopoulos [2022] NSWSC 386

Red Packet Investments Pty Ltd v Blue Mountains City Council [2021] NSWLEC 1126

Ruta v Department of Work and Pensions [2022] EWHC 1535

Sarina v O’Shannassy [2019] NSWDC 246

Soriano v Société d'Exploitation de L'Hebdomadaire Le Point SA & Anor [2022] EWHC 1763

Tewari v Khetarpal & Ors [2022] EWHC 2066

Category:Principal judgment

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AGLC
Teh v Woodworth [2022] NSWDC 411
Case
[2022] NSWDC 411
Decision Date

CaseChat Overview and Summary

The matter of Teh v Woodworth involved a defamation claim brought against the defendants, who had opposed a development application by a neighbour. The plaintiff sought an extension of time to commence proceedings under sections 14B and 56A of the Limitation Act 1969 (NSW) for two publications made in 2019 and 2020. The plaintiff's names were redacted by the Council, and they claimed a further publication by the Council in 2022. The primary issue before the court was whether it was not reasonable in the circumstances for the plaintiff to have commenced action within one year of publication, and whether the proceedings should be struck out or an asserted 2022 publication permitted. Additionally, the court needed to determine if the concerns notice was invalid due to the failure to refer to the 2022 publication or provide particulars of serious harm.

The court found that the plaintiff was not prevented from bringing the action within the limitation period due to the redaction of their names and rejected the argument that the plaintiff was unaware of the defamatory matter until June 2022. The court held that the plaintiff's claims for defamation for other publications from 21 July 2021 onwards were struck out due to failure to comply with sections 10A, 12A, and 12B of the Defamation Act 2005 (NSW). The claim for slander was also dismissed as an abuse of process. The court concluded that the concerns notice was invalid because it did not refer to the 2022 publication or provide particulars of serious harm. The plaintiff's application for an extension of time to commence proceedings was refused, and the proceedings were struck out and dismissed.

The court ordered that the plaintiff's application for an extension of time to commence proceedings in relation to the publications dated 17 August 2019 and 20 February 2020 was refused. The plaintiff's claim for defamation for other publications for the period 21 July 2021 onwards, including the publication alleged to have been made on 16 June 2022, was struck out by reason of failure to comply with sections 10A, 12A, and 12B of the Defamation Act 2005 (NSW). The plaintiff's claim for slander was struck out as an abuse of process. The proceedings were struck out and dismissed, and the plaintiff was ordered to pay the defendants' costs.

Orders

Orders of the court

Orders:

(1) Plaintiff’s application for an extension of time to commence proceedings in relation to the publications dated 17 August 2019 and 20 February 2020 refused.

(2) Plaintiff’s claim for defamation for other publications for the period 21 July 2021 onwards (including the publication alleged to have been made on 16 June 2022) struck out by reason of failure to comply with ss 10A, 12A and 12B of the Defamation Act 2005 (NSW).

(3) Plaintiff’s claim for slander struck out as an abuse of process.

(4) Proceedings struck out and dismissed.

(5) Plaintiff pay defendants’ costs.

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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