Nasr v Etihad Airways PJSC [2013] NSWSC 1041

Nasr v Etihad Airways PJSC [2013] NSWSC 1041

The statement of claim must be struck out as the defamation action was commenced outside the statutory limitation period and no valid basis for extension was established.

Parties
Applicant: Nabil Nasr; First Respondent: Etihad Airways PJSC; Second Respondent: Omar Yassine
Jurisdiction
Australia
Judgment Date
21 June 2013
Procedural Posture
Interlocutory Application / Strike Out Application
Outcome
Statement of claim struck out with costs.
Legal Topics
Limitation Period for Defamation, Extension of Limitation Period
Defamation Limitation of Actions Limitation Period for Defamation Extension of Limitation Period

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Parties

Nabil Nasr

Applicant

Etihad Airways PJSC

First Respondent

Omar Yassine

Second Respondent

Procedural Posture

Interlocutory Application / Strike Out Application

Legal Issues

  1. 1 Whether the statement of claim for defamation is statute-barred under the Limitation Act 1969
  2. 2 Whether an extension of time under section 56A of the Limitation Act 1969 applies

Ratio Decidendi

The statement of claim must be struck out as the defamation action was commenced outside the statutory limitation period and no valid basis for extension was established.

Court Disposition

Statement of claim struck out with costs.

Orders

  • Statement of claim struck out with costs.