A plaintiff seeking an extension of the defamation limitation period under s 56A of the Limitation Act 1969 (NSW) may rely on solicitor's hearsay evidence of the plaintiff's instructions (admissible under s 75 of the Evidence Act 1995 (NSW)) to establish when the plaintiff first became aware of the defamatory publication, provided the evidence is uncontradicted. A defendant who fails to cross-examine the solicitor deponent, press notices to produce, or issue subpoenas cannot later complain that the finding should not have been made without direct evidence from the plaintiff.
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