KMPG Pty Ltd v Owen [2023] FCA 987

KMPG Pty Ltd v Owen [2023] FCA 987

For all alleged publications on or before 1 June 2021, it was not reasonable in the circumstances for the applicants to have commenced an action within the limitation period due to difficulty identifying the authors, need for discovery, and the applicant's personal circumstances; thus, the limitation period should be extended save for publications that occurred between 2 June and 2 August 2021 for which no sufficient justification for the delay was provided and thus the discretion to extend does not arise.

Jurisdiction
Australia
Judgment Date
22 August 2023
Procedural Posture
Application for Extension of Time in Defamation Proceedings / Interlocutory Judgment on Extension of Limitation Period
Outcome
Application for extension of limitation period allowed in part.
Legal Topics
['extension of Limitation Period' 'successive Publication' 'continuous Publication' 'identifying Anonymous Publishers' 'personal Circumstances and Delay' 'exercise of Judicial Discretion']
['defamation' 'limitation of Actions'] ['extension of Limitation Period' 'successive Publication' 'continuous Publication' 'identifying Anonymous Publishers' 'personal Circumstances and Delay' 'exercise of Judicial Discretion']

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Procedural Posture

Application for Extension of Time in Defamation Proceedings / Interlocutory Judgment on Extension of Limitation Period

Legal Issues

  1. 1 ['Whether it was not reasonable in the circumstances for the applicants to have commenced defamation proceedings within one year of publication as per s 40(2) of the Limitation Act 2005 (WA)' 'Whether discretion should be exercised to extend the limitation period for some or all publications' 'Whether delay in commencing proceedings was adequately explained']

Ratio Decidendi

For all alleged publications on or before 1 June 2021, it was not reasonable in the circumstances for the applicants to have commenced an action within the limitation period due to difficulty identifying the authors, need for discovery, and the applicant's personal circumstances; thus, the limitation period should be extended save for publications that occurred between 2 June and 2 August 2021 for which no sufficient justification for the delay was provided and thus the discretion to extend does not arise.

Court Disposition

Application for extension of limitation period allowed in part.

Orders

  • ['Pursuant to s 40(2) of the Limitation Act 2005 (WA), the time in which these proceedings may be commenced is extended until 2 August 2022, save for publications that occurred on and between 2 June and 2 August 2021.']