South Australian Current Acts South Australian Current Acts37B—Defamation proceedings—extension of limitation period
(1) A person claiming
to have a cause of action for defamation may apply to the court for an order
extending the limitation period applicable under section 37 for the cause
of action.
(2) The court may
extend the limitation period to a period of up to 3 years running from
the date of the alleged publication of the matter if the plaintiff satisfies
the court that it is just and reasonable to allow an action to proceed.
(3) In determining
whether to extend the limitation period, the court is to have regard to all of
the circumstances of the case and in particular—
(a) the
length of, and the reasons for, the plaintiff's delay; and
(b) if a
reason for the delay was that some or all of the facts relevant to the cause
of action became known to the plaintiff after the limitation period
expired—
(i)
the day on which the facts became known to the plaintiff;
and
(ii)
the extent to which the plaintiff acted promptly and
reasonably once the plaintiff knew whether or not the facts might be capable
of giving rise to an action; and
(c) the
extent, having regard to the delay, to which relevant evidence is likely to be
unavailable or less cogent than if the action had been brought within the
limitation period.