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Application to extend limitation period; defamation claim arising out of notification to Health Ombudsman under National Law s 141; limitation period extended but only to date before proceedings commenced; finding that applicant not unreasonably mistook legal advice to be not to sue until investigation complete; held that not reasonable to have commenced action within time (threshold question) but claim would fail because of absolute privilege at common law (privilege question): Muir DCJ.
Application for leave to appeal from [2021] QDC 87 granted, appeal allowed, limitation period extended, cross-application for leave to appeal dismissed; having regard to unchallenged findings, properly understood, primary judge’s assessment on threshold question open and involved no error of principle; primary judge erred on privilege question, statutory regime not one for which demonstrated necessity exists, as evidenced by National Law s 237: McMurdo JA (Mullins JA and Callaghan J agreeing).
Appeal Status
Appeal Determined (QCA)
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