Abbott v O'Donnell [2000] NSWSC 965

Abbott v O'Donnell [2000] NSWSC 965

Pt 2 r 3 of the Supreme Court Rules 1970 conferred power on the Court to extend the time fixed by Master Greenwood's orders of 28 February 1996 notwithstanding the Deputy Registrar's entry on 28 October 1996 of orders purporting to dismiss the proceedings. The finality principles concerning perfected orders of a superior court made after trial did not apply to the entered orders, which purported to implement earlier self-executing orders and embodied a finding of non-compliance not made by a Master or Judge.

Jurisdiction
Australia
Judgment Date
17 October 2000
Procedural Posture
Notice of Motion in Motor Accident Damages Proceedings / Preliminary Jurisdictional Issue on Motions to Set Aside Self Executing Orders or Extend Time After Dismissal Orders Were Entered
Outcome
The Court held that it had jurisdiction to entertain the motions filed in each proceeding.
Legal Topics
['self Executing Orders' 'extension of Time' 'dismissal for Non Compliance' 'finality of Perfected Orders' 'jurisdiction']
['civil Procedure' 'motor Accidents'] ['self Executing Orders' 'extension of Time' 'dismissal for Non Compliance' 'finality of Perfected Orders' 'jurisdiction']

Case Brief

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Procedural Posture

Notice of Motion in Motor Accident Damages Proceedings / Preliminary Jurisdictional Issue on Motions to Set Aside Self Executing Orders or Extend Time After Dismissal Orders Were Entered

Legal Issues

  1. 1 ['Whether the Court had jurisdiction to entertain motions seeking to set aside self-executing orders or extend time for compliance after orders dismissing the proceedings had been entered.' "Whether Pt 2 r 3 of the Supreme Court Rules 1970 empowered the Court to extend time fixed by Master Greenwood's orders notwithstanding entry of orders by the Deputy Registrar purporting to dismiss the proceedings."]

Ratio Decidendi

Pt 2 r 3 of the Supreme Court Rules 1970 conferred power on the Court to extend the time fixed by Master Greenwood's orders of 28 February 1996 notwithstanding the Deputy Registrar's entry on 28 October 1996 of orders purporting to dismiss the proceedings. The finality principles concerning perfected orders of a superior court made after trial did not apply to the entered orders, which purported to implement earlier self-executing orders and embodied a finding of non-compliance not made by a Master or Judge.

Court Disposition

The Court held that it had jurisdiction to entertain the motions filed in each proceeding.

Orders

  • ['The jurisdictional objection was rejected.' 'Leave was given to the parties to approach the Associate to obtain a date for the hearing of the motions before Bell J.']