Landrey v Nine Network Australia Pty Ltd

[2024] FCAFC 76

Full Court of the Federal Court31 July 2024

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Interrogate

Catchwords

1. appeal against orders of the primary judge dismissing the appellant’s application for an extension of the one-year limitation period within which to commence an action in defamation
1. s 56A of the Limitation Act 1969 (NSW), as in force on 30 June 2020
1. Joukhador v Network Ten Pty Ltd [2021] FCAFC 37; 283 FCR 1, applied
1. Held: it was not reasonable for the appellant to have commenced a defamation proceeding within the primary one-year limitation period

Quick Take

Active participation in related civil proceedings (including making affidavits) does not necessarily preclude obtaining an extension of the defamation limitation period under s 56A, provided the client has been properly advised not to commence defamation proceedings and the criminal proceedings concern the same subject matter.