SOAMES v STATE OF NEW SOUTH WALES [2001] NSWSC 1043

SOAMES v STATE OF NEW SOUTH WALES [2001] NSWSC 1043

The claims relating to paragraphs 4A, 4B, 4C, 4D, 4E, 4F, 4G, and 5 are statute barred as they arose more than six years prior to commencement of proceedings, and no grounds for estoppel or extension of limitation period were established.

Jurisdiction
Australia
Judgment Date
04 October 2001
Procedural Posture
Application to Strike Out Pleading / Interlocutory
Outcome
Motion granted
Legal Topics
['limitation of Actions' 'strike Out Applications' 'particularisation of Pleadings']
['defamation' 'civil Procedure'] ['limitation of Actions' 'strike Out Applications' 'particularisation of Pleadings']

Case Brief

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Procedural Posture

Application to Strike Out Pleading / Interlocutory

Legal Issues

  1. 1 ['Whether paragraphs relating to alleged defamations are statute barred under the Limitations Act 1969' 'Whether sufficient particularisation has been provided for alleged defamatory statements' 'Whether any estoppel prevented the defendant from relying on the limitation defence']

Ratio Decidendi

The claims relating to paragraphs 4A, 4B, 4C, 4D, 4E, 4F, 4G, and 5 are statute barred as they arose more than six years prior to commencement of proceedings, and no grounds for estoppel or extension of limitation period were established.

Court Disposition

Motion granted

Orders

  • ["The respondent is to pay the applicant's costs." 'The matter is to be placed in the Defamation List for call-over.']