Beagan v Kidd & Anor [1999] NSWSC 549

Beagan v Kidd & Anor [1999] NSWSC 549

Justice requires, in the exercise of discretion under s 81, that time for service of the amended statement be extended despite delay, as the first defendant is not significantly prejudiced and the record supports the plaintiff's ability to pursue her claim.

Jurisdiction
Australia
Judgment Date
08 June 1999
Procedural Posture
Notice of Motion / Interlocutory Application
Outcome
Notice of motion to set aside proceedings dismissed; time for service of amended statement of claim extended; matter transferred; costs in the cause.
Legal Topics
['extension of Time for Service' 'irregularity in Proceedings' 'discretion Under Supreme Court Act S 81']
['civil Procedure'] ['extension of Time for Service' 'irregularity in Proceedings' 'discretion Under Supreme Court Act S 81']

Case Brief

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Procedural Posture

Notice of Motion / Interlocutory Application

Legal Issues

  1. 1 ['Whether the proceedings, or pleadings, should be set aside for irregular service out of time' 'Whether time for service of the amended statement of claim should be extended' 'Application of s 81 of the Supreme Court Act regarding irregularity']

Ratio Decidendi

Justice requires, in the exercise of discretion under s 81, that time for service of the amended statement be extended despite delay, as the first defendant is not significantly prejudiced and the record supports the plaintiff's ability to pursue her claim.

Court Disposition

Notice of motion to set aside proceedings dismissed; time for service of amended statement of claim extended; matter transferred; costs in the cause.

Orders

  • ['Time for service of the amended statement of claim is extended to 2 December 1997.' "The first defendant's notice of motion filed 22 January 1999 is dismissed." 'Matter to be transferred to the District Court, Sydney Registry.' 'Costs be costs in the cause.']