NSW Personal Defamation 5 Years Ago - Too Late to Take Action?

[catherine dowsett]

Hi,
My husband and I were personally defamed and this defamation has destroyed my family and my kids, in particular, who refuse to contact me anymore. This append in 2010/2011 so I am wondering if it's not too late for start taking action.

If I didn't react earlier, it's because I was threatened by this person ( I have the proof), and I was very scared. I have proof of this defamation (emails, family's statutory declaration, friend's statutory declaration). This person has destroyed my life with this defamation and this is a enormous pain everyday.

I would be grateful for any help.

Thank you.

 

[Sophea]

Hi catherine,

In NSW, you must bring any action for defamation within one year of the date of publication. The court however has a discretion to extend the period to up to three years if it decides that it is 'just and reasonable' to do so.

So the short answer to your question is yes it is too late.

 

[DO_UNTO_OTHERS]

Would being threatened and intimidated by the person of repercussions of making a claim against them not satisfy being ‘just and reasonable’? Even if it’s been 3 years+ when you’ve got evidence of the threats and took them seriously?

 

[Rod]

Sorry, I do not understand the context of your question, which is better asked in your own new post.