Hello, I am representing myself in a defamation matter before the Southport Magistrate Court and was hoping to gain some information and help please.
The lawyer for the defendant has made an application to strike out my claim (Section 10AA of Limitation of Actions Act) because I filed the claim more than one year after the alleged act of defamation was published in September 2018 to others (that I was an drug addict) when I filed the claim in July 2020.
The statement of fact told by the defendant to others has destroyed my mental health, confidence and has resulted in serve depression (supported by health professionals) from the moment I found out it was told to others. From that moment I have been living a life of isolation from the world.
My question is there any precedent and/or provision that would allow a plaintiff to claim that my mental health degradation impacted on my ability to have the courage and strength to file a claim against the respondent within the one year time limit? I understand the court can allow claims that have been made after three years, but I want to know what basis would they allow those claims to proceed to a trial.
Thank you, any help would be greatly appreciated
p.s. if you have any information of what will take place at a hearing before the court registrar to strike out this matter that would also be greatly appreciated
The lawyer for the defendant has made an application to strike out my claim (Section 10AA of Limitation of Actions Act) because I filed the claim more than one year after the alleged act of defamation was published in September 2018 to others (that I was an drug addict) when I filed the claim in July 2020.
The statement of fact told by the defendant to others has destroyed my mental health, confidence and has resulted in serve depression (supported by health professionals) from the moment I found out it was told to others. From that moment I have been living a life of isolation from the world.
My question is there any precedent and/or provision that would allow a plaintiff to claim that my mental health degradation impacted on my ability to have the courage and strength to file a claim against the respondent within the one year time limit? I understand the court can allow claims that have been made after three years, but I want to know what basis would they allow those claims to proceed to a trial.
Thank you, any help would be greatly appreciated
p.s. if you have any information of what will take place at a hearing before the court registrar to strike out this matter that would also be greatly appreciated