Meyer v Solomon

(2021) 58 WAR 464; [2021] WASCA 168

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Defamation
2. › Limitation periods
3. › Extension of time to commence defamation action
4. › Proper construction of extension provision
5. › Whether court has discretion as to length of extension or automatic three-year extension applies
6. › Whether s 44 mandatory considerations apply to extension under s 40
7. › Limitation Act 2005 (WA), ss 15, 40, 44
1. Limitation of Actions
2. › Extension of limitation periods
3. › Defamation actions
4. › Court's discretion as to length of extension
5. › Relevant considerations in determining length of extension
6. › Delay by plaintiff after expiry of primary limitation period
7. › Limitation Act 2005 (WA), ss 40, 44
1. Appeal
2. › Appellate review of discretionary decisions
3. › Extension of limitation period
4. › Whether exercise of discretion miscarried
5. › Weighting error
6. › Whether failure to give adequate weight to relevant consideration rendered decision unreasonable
7. › House v The King (1936) 55 CLR 499

Quick Take

Section 40(2) of the Limitation Act 2005 (WA) confers a discretion on the court as to the length of any extension of the defamation limitation period, subject to the three-year maximum in s 40(3). The extension is not automatic upon satisfaction of the precondition. Relevant considerations in determining the length of the extension include the nature and extent of any delay by the plaintiff after the one-year period elapsed, the reasons for such delay, and when it would have been reasonable for the plaintiff to commence the action. Section 44 mandatory considerations (fair trial prospects and prejudice to the defendant) also apply to s 40 extension applications.