Wecker v Davison [2019] NSWSC 1612

Wecker v Davison [2019] NSWSC 1612

Mr Wecker was immediately aware of the letter constituting the alleged defamation and could not take advantage of section 56A(2) Limitation Act 1969 (NSW). There is no basis for the Court to extend time for his claim.

Parties
Plaintiff: Paul J Wecker; First Defendant: Professor C Davison; Second Defendant: Blacktown Boys High School; Third Defendant: Teachers' Institute of NSW
Jurisdiction
Australia
Judgment Date
08 November 2019
Procedural Posture
Torts Defamation / Application to Strike Out as Out of Time
Outcome
Proceedings struck out as out of time
Legal Topics
Limitation Period for Defamation, Extension of Time
Limitation of Actions Torts Defamation Limitation Period for Defamation Extension of Time

Case Brief

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Parties

Paul J Wecker

Plaintiff

Professor C Davison

First Defendant

Blacktown Boys High School

Second Defendant

Teachers' Institute of NSW

Third Defendant

Procedural Posture

Torts Defamation / Application to Strike Out as Out of Time

Legal Issues

  1. 1 Whether proceedings should be struck out as being out of time
  2. 2 Whether time should be extended under Limitation Act 1969 (NSW)

Ratio Decidendi

Mr Wecker was immediately aware of the letter constituting the alleged defamation and could not take advantage of section 56A(2) Limitation Act 1969 (NSW). There is no basis for the Court to extend time for his claim.

Court Disposition

Proceedings struck out as out of time

Orders

  • Proceedings are struck out