Wakim v Coleman & Ors [2008] NSWSC 1377
No extension of time was granted or can now be justified; there are no exceptional or compelling circumstances for an extension, and previous orders granting leave to amend must be set aside. The proceedings are therefore dismissed for failure to validly serve originating process within time.
- Jurisdiction
- Australia
- Judgment Date
- 19 December 2008
- Procedural Posture
- Professional Negligence / Judgment After Interlocutory Applications
- Outcome
- Proceedings dismissed
- Legal Topics
- ['extension of Time for Service' 'professional Negligence' 'limitation Defences' 'setting Aside Orders' 'application to Re Open Case']
Case Brief
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Procedural Posture
Professional Negligence / Judgment After Interlocutory Applications
Legal Issues
- 1 ['Whether the proceedings can continue given the failure to serve the statement of claim within the period of validity' 'Whether the Court granted an extension of time for service or otherwise cured the defect' 'Whether exceptional circumstances exist for granting an extension of time for service' 'Whether previous orders should be set aside']
Ratio Decidendi
No extension of time was granted or can now be justified; there are no exceptional or compelling circumstances for an extension, and previous orders granting leave to amend must be set aside. The proceedings are therefore dismissed for failure to validly serve originating process within time.
Court Disposition
Proceedings dismissed
Orders
- ['The proceedings are dismissed.' "The plaintiff is to pay the defendants' costs of the proceedings including the applications heard by the Court."]
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