Hughes v Bulldogs Rugby League Club Limited [2009] NSWDC 102

Hughes v Bulldogs Rugby League Club Limited [2009] NSWDC 102

Imputations 6(a) and (f) were struck out as not differing in substance, but leave was granted to replead; the word 'unfairly' in imputation 6(e) was struck out as incapable of being supported by the pleaded facts, with leave to replead; certain other pleaded imputations were permitted to go to the jury; leave was granted to commence proceedings out of time and to extend the limitation period under s 56A of the Limitation Act 1969 (NSW); costs were apportioned two-thirds to be paid by the plaintiff due to partial success of defendants.

Parties
Plaintiff: Graeme Hughes; First Defendant: Bulldogs Rugby League Club Limited; Second Defendant: Malcolm Noad
Jurisdiction
Australia
Judgment Date
24 April 2009
Procedural Posture
Civil / Interlocutory Orders and Strike Out Application
Outcome
Interlocutory orders made: leave to commence proceedings out of time granted, extension of limitation period, certain imputations struck out with leave to replead, other imputations allowed to go to jury, costs apportioned.
Legal Topics
Extension of Limitation Period, Strike Out of Imputations, Defamation—ridicule and Contempt, Leave to Replead, Costs Order
Tort Defamation Extension of Limitation Period Strike Out of Imputations Defamation—ridicule and Contempt Leave to Replead Costs Order

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Parties

Graeme Hughes

Plaintiff

Bulldogs Rugby League Club Limited

First Defendant

Malcolm Noad

Second Defendant

Procedural Posture

Civil / Interlocutory Orders and Strike Out Application

Legal Issues

  1. 1 Whether certain pleaded imputations are permissible under defamation law
  2. 2 Whether leave should be granted to commence proceedings out of time
  3. 3 Whether limitation period should be extended under s 56A Limitation Act 1969 (NSW)

Ratio Decidendi

Imputations 6(a) and (f) were struck out as not differing in substance, but leave was granted to replead; the word 'unfairly' in imputation 6(e) was struck out as incapable of being supported by the pleaded facts, with leave to replead; certain other pleaded imputations were permitted to go to the jury; leave was granted to commence proceedings out of time and to extend the limitation period under s 56A of the Limitation Act 1969 (NSW); costs were apportioned two-thirds to be paid by the plaintiff due to partial success of defendants.

Court Disposition

Interlocutory orders made: leave to commence proceedings out of time granted, extension of limitation period, certain imputations struck out with leave to replead, other imputations allowed to go to jury, costs apportioned.

Orders

  • Plaintiff granted leave to commence proceedings out of time in relation to the first matter complained of.
  • Limitation period extended to 14 November 2008 in respect to first matter complained of pursuant to s 56A Limitation Act 1969 (NSW).