Nicolson v Florida [2016] NSWDC 260

Nicolson v Florida [2016] NSWDC 260

Because the plaintiff was unaware of the publications until after the expiry of the one-year limitation period, and there was no challenge to his evidence that he lacked knowledge until May 2016, it was not reasonable in the circumstances for him to have commenced proceedings within one year of publication. The criteria under s 56A Limitation Act 1969 (NSW) were satisfied, making an extension of time mandatory.

Jurisdiction
Australia
Judgment Date
20 October 2016
Procedural Posture
Civil Defamation Proceedings / Notice of Motion for Extension of Limitation Period to Commence Proceedings
Outcome
Application for extension of time granted.
Legal Topics
['extension of Time to Commence Defamation Proceedings' 'plaintiff Unaware of Publication Until After Expiry of Limitation Period' 'section 56 a Limitation Act 1969 (nsw)']
['tort' 'defamation' 'limitation of Actions'] ['extension of Time to Commence Defamation Proceedings' 'plaintiff Unaware of Publication Until After Expiry of Limitation Period' 'section 56 a Limitation Act 1969 (nsw)']

Case Brief

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Procedural Posture

Civil Defamation Proceedings / Notice of Motion for Extension of Limitation Period to Commence Proceedings

Legal Issues

  1. 1 ['Whether the limitation period for commencing defamation proceedings should be extended under s 56A Limitation Act 1969 (NSW).' 'Whether it was not reasonable in the circumstances for the plaintiff to have commenced an action within 1 year from the date of publication where the plaintiff was unaware of the publications until after that period had expired.']

Ratio Decidendi

Because the plaintiff was unaware of the publications until after the expiry of the one-year limitation period, and there was no challenge to his evidence that he lacked knowledge until May 2016, it was not reasonable in the circumstances for him to have commenced proceedings within one year of publication. The criteria under s 56A Limitation Act 1969 (NSW) were satisfied, making an extension of time mandatory.

Court Disposition

Application for extension of time granted.

Orders

  • ['Pursuant s 56A Limitation Act 1969 (NSW), extend time for the commencement of these proceedings to 29 July 2016.' 'Costs to be costs in the cause.' "Plaintiff's proposed amended statement of claim to be served on the defendant within 7 days." 'Matter stood over to the Defamation List on 3 November 2016 for further...