The Sydney Cosmetic Specialist Clinic Pty Ltd v Hu (No 2) [2018] NSWSC 114

The Sydney Cosmetic Specialist Clinic Pty Ltd v Hu (No 2) [2018] NSWSC 114

The time for service of the originating process on the fourth defendant should be extended because the plaintiffs' solicitor had gone to considerable lengths to effect service and there were confusing exchanges with the person who initially accepted that she was Erica Chen Cheng but later asserted otherwise, providing an appropriate basis for extension.

Jurisdiction
Australia
Judgment Date
09 February 2018
Procedural Posture
Defamation Proceedings / Application to Extend Time Within Which Originating Process Is Valid for Service on the Fourth Defendant
Outcome
Application granted; costs reserved.
Legal Topics
['extension of Time for Service of Originating Process' 'validity of Originating Process for Service' 'identification and Service of Defendant' 'we Chat Publications']
['civil Procedure' 'defamation'] ['extension of Time for Service of Originating Process' 'validity of Originating Process for Service' 'identification and Service of Defendant' 'we Chat Publications']

Case Brief

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Procedural Posture

Defamation Proceedings / Application to Extend Time Within Which Originating Process Is Valid for Service on the Fourth Defendant

Legal Issues

  1. 1 ['Whether the time within which the originating process was valid for service on the fourth defendant should be extended under the Uniform Civil Procedure Rules 2005 (NSW).' "Whether confusion as to the identity of the fourth defendant and the plaintiffs' attempts at service provided a good reason for an extension."]

Ratio Decidendi

The time for service of the originating process on the fourth defendant should be extended because the plaintiffs' solicitor had gone to considerable lengths to effect service and there were confusing exchanges with the person who initially accepted that she was Erica Chen Cheng but later asserted otherwise, providing an appropriate basis for extension.

Court Disposition

Application granted; costs reserved.

Orders

  • ['Order pursuant to rule 1.12 of the UCPR that the time fixed by rule 6.2(4) of the UCPR for service of the originating process on the fourth defendant be extended to 15 April 2018.' 'Costs of this application reserved.']