Rametta v Deakin University [2010] FCA 1341

Rametta v Deakin University [2010] FCA 1341

Ms Rametta failed to establish that it would have been unreasonable for her, in the circumstances, to commence defamation proceedings within the one-year limitation period as required by s 23B(2) of the Limitation of Actions Act 1958 (Vic); thus, the application for extension must be dismissed.

Jurisdiction
Australia
Judgment Date
02 December 2010
Procedural Posture
Application for Extension of Time to Bring Defamation Proceedings / Interlocutory Motion; Directions Hearing
Outcome
Application for extension of time dismissed; costs reserved; procedural orders made regarding amended statement of claim and adjournment of directions hearing.
Legal Topics
['extension of Limitation Period' 'defamation Proceedings' 'limitation Statutes']
['practice and Procedure' 'defamation'] ['extension of Limitation Period' 'defamation Proceedings' 'limitation Statutes']

Case Brief

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Procedural Posture

Application for Extension of Time to Bring Defamation Proceedings / Interlocutory Motion; Directions Hearing

Legal Issues

  1. 1 ['Whether it was not reasonable in the circumstances for the applicant to have commenced an action within the limitation period for defamation']

Ratio Decidendi

Ms Rametta failed to establish that it would have been unreasonable for her, in the circumstances, to commence defamation proceedings within the one-year limitation period as required by s 23B(2) of the Limitation of Actions Act 1958 (Vic); thus, the application for extension must be dismissed.

Court Disposition

Application for extension of time dismissed; costs reserved; procedural orders made regarding amended statement of claim and adjournment of directions hearing.

Orders

  • ["The Applicant's notice of motion is dismissed." 'Costs reserved.' 'The Applicant file and serve an amended statement of claim by 22 December 2010 to reflect the result of the motion.' 'The directions hearing is adjourned to 9.30 am on 3 February 2011.']