Riske v Oxley Insurance Brokers Pty Ltd (No 2) [2014] NSWSC 1611

Riske v Oxley Insurance Brokers Pty Ltd (No 2) [2014] NSWSC 1611

The plaintiffs had no reason to suspect, nor did they know of, the further defamatory publications within one year of their publication and acted reasonably at all stages. The statutory precondition for extension was satisfied, and given the defendants' failure to disclose or cooperate, justice required that the limitation period be extended to 16 April 2014.

Jurisdiction
Australia
Judgment Date
14 November 2014
Procedural Posture
Interlocutory Application / Application for Extension of Limitation Period
Outcome
Limitation period for the causes of action in relation to the publication of the 3rd to 6th matters complained of extended to 16 April 2014.
Legal Topics
['extension of Limitation Period in Defamation' 'reasonableness of Delay' 'interpretation of Limitation Act 1969 S 56 A']
['defamation' 'limitation of Actions'] ['extension of Limitation Period in Defamation' 'reasonableness of Delay' 'interpretation of Limitation Act 1969 S 56 A']

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Procedural Posture

Interlocutory Application / Application for Extension of Limitation Period

Legal Issues

  1. 1 ['Whether the plaintiffs should be granted an extension of the limitation period to commence proceedings for defamation in relation to the 3rd to 6th matters complained of' 'Proper construction and application of s 56A(2) Limitation Act 1969']

Ratio Decidendi

The plaintiffs had no reason to suspect, nor did they know of, the further defamatory publications within one year of their publication and acted reasonably at all stages. The statutory precondition for extension was satisfied, and given the defendants' failure to disclose or cooperate, justice required that the limitation period be extended to 16 April 2014.

Court Disposition

Limitation period for the causes of action in relation to the publication of the 3rd to 6th matters complained of extended to 16 April 2014.

Orders

  • ['Limitation period for the causes of action in relation to the publication of the 3rd to 6th matters complained of in the second further amended statement of claim extended to 16 April 2014.']