Owen v KMPG Pty Ltd [2023] FCA 1508

Owen v KMPG Pty Ltd [2023] FCA 1508

Leave to appeal is granted because the correctness of the primary judgment extending the limitation period under s 40(2) of the Limitation Act 2005 (WA) is attended with sufficient doubt to warrant appellate reconsideration, and, assuming error, substantial injustice would be visited upon the applicants if leave is refused.

Jurisdiction
Australia
Judgment Date
04 December 2023
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Orders
Outcome
Leave to appeal granted
Legal Topics
['application for Leave to Appeal' 'extension of Limitation Period' 'interlocutory Orders' 'limitation Act 2005 (wa) S 40(2)' 'judicial Discretion' 'substantial Injustice']
['practice and Procedure' 'defamation'] ['application for Leave to Appeal' 'extension of Limitation Period' 'interlocutory Orders' 'limitation Act 2005 (wa) S 40(2)' 'judicial Discretion' 'substantial Injustice']

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Orders

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from interlocutory orders extending the limitation period for commencement of defamation proceedings' 'Whether substantial injustice might result if leave is not granted' "Whether primary judge's decision is attended by sufficient doubt to warrant review by a Full Court" 'Whether s 40(2) of the Limitation Act 2005 (WA) confers judicial discretion or is a factual determination']

Ratio Decidendi

Leave to appeal is granted because the correctness of the primary judgment extending the limitation period under s 40(2) of the Limitation Act 2005 (WA) is attended with sufficient doubt to warrant appellate reconsideration, and, assuming error, substantial injustice would be visited upon the applicants if leave is refused.

Court Disposition

Leave to appeal granted

Orders

  • ['The applicants have leave to appeal from the judgment in KMPG Pty Ltd v Owen [2023] FCA 987.' 'Any notice of appeal filed pursuant to the leave must be filed within 28 days of these orders.']