march the 5th it was dismissed.
al Citation: Spedding v Dailymail.com Australia Pty Ltd [2018] NSWSC 1963
Hearing dates: 23 November 2018, 12 December 2018
Decision date: 14 December 2018
Jurisdiction: Common Law
Before: McCallum J
Decision:
That the limitation period for bringing an action on the causes of action for defamation pleaded in pars 3, 7 and 11 of the statement of claim filed 22 March 2018 be extended to 22 March 2018; that the plaintiff’s notice of motion filed 1 May 2018 otherwise be dismissed.
Catchwords: LIMITATION OF ACTIONS – general – application of statutes of limitation – action for defamation – imputation that the plaintiff is a convicted paedophile – where plaintiff facing criminal charges for sexual offences against children at time of publication – advice obtained from senior and junior counsel that no defamation claim should be pursued prior to conclusion of criminal proceedings – whether “not reasonable test” satisfied
Legislation Cited: Limitation Act 1969 (NSW), s
56A
Cases Cited: Barrett v TCN Channel Nine Pty Ltd
[2017] NSWCA 304
Houda v State of New South Wales
[2012] NSWSC 1036
Category: Procedural and other rulings
Parties: William Spedding (plaintiff)
Dailymail.com Australia Pty Ltd (defendant)
Representation:
Counsel:
L Goodchild then T Molomby SC (plaintiff)
S Chrysanthou (defendant)
Solicitors:
O’Brien Criminal & Civil Solicitors Pty Ltd (plaintiff) Mark O’Brien Legal (defendant)
File Number(s): 2018/91447
Publication restriction: None