Barrett v TCN Channel Nine Pty Ltd [2016] NSWSC 1663

DEFAMATION – news broadcaster published statements that plaintiff was driver of motor vehicle involved in a fatal accident – uncertainty about identity of driver – plaintiff waited until Coroner’s report before commencing action – action commenced out of time

LIMITATION OF ACTIONS – defamation – application to extend one year limitation period – s 56A Limitation Act 1969 – whether it was not reasonable in the circumstances for the plaintiff to have commenced the action in one year from the date of publication – delay after one year in commencing action – whether discretion to extend time beyond one year – test for extending time beyond one year – whether “not reasonable” test applicable – failure to explain delay subsequent to one year from publication – effect of such failure

PROFESSIONS AND TRADES – lawyers – duties – Legal Profession Act 2004 s 345 – whether proceedings enjoyed reasonable prospects of success without Coroner’s decision

Matthew Richardson appeared for TCN Channel Nine