Sun v Hojunara International Group (No 2) [2013] NSWSC 1050

Sun v Hojunara International Group (No 2) [2013] NSWSC 1050

The plaintiffs satisfied s 56A because they had commenced defamation proceedings within time against the corporation controlling the website, had no reason at the expiry of the limitation period to search for and sue all possible additional defendants, and learned from verified interrogatory answers only later that the proposed defendants had responsibility for moderating the website. Once the statutory test was met, the extension was mandatory and general discretionary objections to late joinder were not available.

Jurisdiction
Australia
Judgment Date
26 July 2013
Procedural Posture
Defamation Proceedings; Application for Extension of Time to Bring Proceedings Under S 56 a Limitation Act 1969 (nsw) / Notice of Motion Seeking Extension of Limitation Period and Leave to File a Statement of Claim Naming Proposed Defendants
Outcome
Application granted; limitation period extended and leave granted to file a statement of claim naming Duk In Kim and Dave Jeon as defendants.
Legal Topics
['extension of Limitation Period' 'section 56 a Limitation Act 1969 (nsw)' 'defamation Publication on Website' 'joinder or Commencement of Proceedings Against Additional Defendants' 'corporate Defendant in Liquidation']
['defamation' 'limitation of Actions' 'civil Procedure'] ['extension of Limitation Period' 'section 56 a Limitation Act 1969 (nsw)' 'defamation Publication on Website' 'joinder or Commencement of Proceedings Against Additional Defendants' 'corporate Defendant in Liquidation']

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Procedural Posture

Defamation Proceedings; Application for Extension of Time to Bring Proceedings Under S 56 a Limitation Act 1969 (nsw) / Notice of Motion Seeking Extension of Limitation Period and Leave to File a Statement of Claim Naming Proposed Defendants

Legal Issues

  1. 1 ['Whether it was not reasonable in the circumstances for the plaintiffs to have commenced an action against Duk In Kim and Dave Jeon within one year from publication of the alleged defamatory matter.' 'Whether the limitation period under s 14B of the Limitation Act 1969 (NSW) should be extended under s 56A.' 'Whether leave should be granted to file a statement of claim naming Duk In Kim and Dave Jeon as defendants.']

Ratio Decidendi

The plaintiffs satisfied s 56A because they had commenced defamation proceedings within time against the corporation controlling the website, had no reason at the expiry of the limitation period to search for and sue all possible additional defendants, and learned from verified interrogatory answers only later that the proposed defendants had responsibility for moderating the website. Once the statutory test was met, the extension was mandatory and general discretionary objections to late joinder were not available.

Court Disposition

Application granted; limitation period extended and leave granted to file a statement of claim naming Duk In Kim and Dave Jeon as defendants.

Orders

  • ['Under section 56A of the Limitation Act 1969 (NSW) I extend the limitation period mentioned in section 14B of that Act to 5 August 2013.' 'I grant leave to the plaintiffs to file a statement of claim naming Duk In Kim and Dave Jeon as defendants, provided a statement of claim is filed in the registry on or prior...