Clarke v Herrick [2019] NSWDC 533

Clarke v Herrick [2019] NSWDC 533

The plaintiff's cause of action for defamation was brought outside the statutory limitation period, and there is no power to grant an extension, therefore the proceedings must be dismissed.

Parties
Plaintiff: Sharmain Daisy Clarke; First Defendant: Julie Herrick; Second Defendant: South Eastern Sydney Local Health District trading as Prince of Wales Hospital
Jurisdiction
Australia
Judgment Date
12 September 2019
Procedural Posture
Civil / Summary Dismissal Application
Outcome
Proceedings struck out and dismissed
Legal Topics
Limitation Period for Defamation, Absolute Privilege, Workers Compensation Documentation
Limitation of Actions Defamation Limitation Period for Defamation Absolute Privilege Workers Compensation Documentation

Case Brief

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Parties

Sharmain Daisy Clarke

Plaintiff

Julie Herrick

First Defendant

South Eastern Sydney Local Health District trading as Prince of Wales Hospital

Second Defendant

Procedural Posture

Civil / Summary Dismissal Application

Legal Issues

  1. 1 Whether the claim for defamation is barred by the limitation period under Limitation Act 1969 (NSW)
  2. 2 Whether absolute privilege applies to workplace-related documentation

Ratio Decidendi

The plaintiff's cause of action for defamation was brought outside the statutory limitation period, and there is no power to grant an extension, therefore the proceedings must be dismissed.

Court Disposition

Proceedings struck out and dismissed

Orders

  • Proceedings struck out and dismissed.
  • Plaintiff pay the defendants' costs.