Arman v Harbour Radio Pty Limited; Whiting v Harbour Radio Pty Limited [2018] NSWDC 321

Arman v Harbour Radio Pty Limited; Whiting v Harbour Radio Pty Limited [2018] NSWDC 321

Because no final order of dismissal was administratively entered on JusticeLink following the self-executing order, the court retains jurisdiction to extend time for compliance notwithstanding the expiration of the initial deadline. In light of the circumstances and the ultimately minor and now remedied default, time for compliance was extended and the proceedings were not struck out. Costs of the application are to be borne by the plaintiffs' solicitor personally.

Jurisdiction
Australia
Judgment Date
25 October 2018
Procedural Posture
Civil / Interlocutory Application
Outcome
Plaintiffs' application granted; time for compliance extended; costs of applications to be borne by plaintiffs' solicitor, with liberty to apply.
Legal Topics
['practice and Procedure' 'failure to Comply With Self Executing Order' 'extension of Time' 'case Management in Defamation Proceedings' 'costs Orders Against Solicitors']
['civil Procedure'] ['practice and Procedure' 'failure to Comply With Self Executing Order' 'extension of Time' 'case Management in Defamation Proceedings' 'costs Orders Against Solicitors']

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Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 ['Whether the application to extend time to comply with a self-executing order was made in time under UCPR r 36.16' 'Whether the Court retains power to extend time or set aside orders when a self-executing order is not followed and no final order of dismissal is administratively entered' 'Whether the solicitor for the plaintiffs should bear costs for repeated failures to comply with case management orders']

Ratio Decidendi

Because no final order of dismissal was administratively entered on JusticeLink following the self-executing order, the court retains jurisdiction to extend time for compliance notwithstanding the expiration of the initial deadline. In light of the circumstances and the ultimately minor and now remedied default, time for compliance was extended and the proceedings were not struck out. Costs of the application are to be borne by the plaintiffs' solicitor personally.

Court Disposition

Plaintiffs' application granted; time for compliance extended; costs of applications to be borne by plaintiffs' solicitor, with liberty to apply.

Orders

  • ["Plaintiffs' notice of motion filed 24 September 2018 granted; time for compliance with self-executing order of 30 August 2018 extended to 19 September 2018." 'The costs of the applications are to be borne by the solicitor for the plaintiffs, Mr Simon Campbell Maxwell of Sanford Legal, with liberty to apply within...