IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2016-404-1805 [2017] NZHC 1728
UNDER the Defamation Act 1992 and Part 18 of
the High Court Rules
IN THE MATTER
of a Declaration under s 24 Defamation Act 1992 concerning the nature and status of certain web publications
BETWEEN
MALTESE CAT LIMITED First Plaintiff
CLYDE ALEXANDER MACLEAN Second Plaintiff
ELIZABETH MAY CURRIE Third Plaintiff
AND
JOHN DOE AND/OR JANE DOE Defendants
DERMOT NOTTINGHAM Second Defendant
Hearing: 24 May 2017 Appearances:
D Huang for Plaintiffs
Second Defendant in PersonJudgment:
25 July 2017
JUDGMENT OF FOGARTY J
This judgment was delivered by Justice Fogarty on
25 July 2017 at 3.00 p.m., pursuant to r 11.5 of the High Court Rules
Solicitors:
Jones Law, Auckland
Registrar/Deputy Registrar
Date:
MALTESE CAT LIMITED v JOHN DOE AND/OR JANE DOE [2017] NZHC 1728 [25 July 2017]
Introduction
[1] The plaintiffs to these defamation proceedings seek judgment from the Court that certain published websites contain content defaming them. It is unclear who published that content and therefore the first defendant, John Doe, is fictional. The plaintiffs suspect, however, that the second defendant, Mr Dermot Nottingham, was the author of the defamation. Without affirming or denying that speculation, Mr Nottingham opposes judgment being entered in favour of the plaintiffs.
[2] One of the grounds on which Mr Nottingham defends this action is limitation. He argues the content was live for more than two years and is therefore unable to be determined by the Court.1 This judgment addresses whether or not the plaintiffs have brought their proceedings within time.
Background
[3] This is my second judgment concerning Maltese Cat Ltd. The first, issued on
14 July 2017, resolved issues around the way in which these proceedings were brought (in a form seeking declaratory judgment) and about the admissibility of several volumes of documents filed by the second defendant, Mr Nottingham.2 I had heard argument on the limitation defence, and was minded to decide against Mr Nottingham and wrote accordingly. I then decided I had not had sufficiently full argument, so I reviewed the reasoning and adjourned the proceedings for further call
before me on 20 July 2017. The judgment then delivered contained in the summary my intended finding on limitation. I recalled the judgment and deleted the finding on limitation. At the following hearing, however, Mr Nottingham advised he would like the limitation point determined without further argument. He informed me he had appealed the first judgment and that he would appeal the limitation point. He also informed me that other cases are pending in the Court of Appeal on the same limitation issue. Mr Nottingham took no issue with the possibility that judgment on the limitation point would be against him — it is his intention to appeal any such finding. He considered that it had been fully argued.
[4] It is against this procedural background that this judgment addresses and determines the limitation point.
The Limitation Point
[5] In late 2013, the plaintiffs were the subject of…
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