Lehrmann v Network Ten Pty Limited (Limitation Extension) [2023] FCA 385

Lehrmann v Network Ten Pty Limited (Limitation Extension) [2023] FCA 385

It was not reasonable in the circumstances for Mr Lehrmann to have commenced defamation proceedings within one year of the impugned publications, principally because he received and relied upon criminal law advice to defer civil proceedings until resolution of criminal allegations, and the risk that prosecuting defamation claims would prejudice his defence; accordingly, extension of the limitation period to the date of commencement of proceedings was justified and discretionary factors favoured granting the extension.

Jurisdiction
Australia
Judgment Date
28 April 2023
Procedural Posture
Application for Extension of Limitation Period in Defamation Proceedings / Interlocutory Determination on Limitation Extension
Outcome
Application granted; limitation period extended until commencement of proceedings.
Legal Topics
['limitation of Actions' 'extension of Time' 'statutory Interpretation' 'prejudice in Civil and Criminal Proceedings' 'right to Silence']
['defamation' 'civil Procedure'] ['limitation of Actions' 'extension of Time' 'statutory Interpretation' 'prejudice in Civil and Criminal Proceedings' 'right to Silence']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether it was not reasonable in the circumstances for the applicant to have commenced defamation proceedings within one year of publication' 'Whether the limitation period for commencing defamation actions should be extended under s 56A of the Limitation Act 1969 (NSW)']

Ratio Decidendi

It was not reasonable in the circumstances for Mr Lehrmann to have commenced defamation proceedings within one year of the impugned publications, principally because he received and relied upon criminal law advice to defer civil proceedings until resolution of criminal allegations, and the risk that prosecuting defamation claims would prejudice his defence; accordingly, extension of the limitation period to the date of commencement of proceedings was justified and discretionary factors favoured granting the extension.

Court Disposition

Application granted; limitation period extended until commencement of proceedings.

Orders

  • ['The limitation period in each proceeding is extended until the commencement of the proceedings on 7 February 2023 pursuant to s 56A of the Limitation Act 1969 (NSW).']