Marson v Network Ten Pty Ltd [2016] NSWSC 1245

Marson v Network Ten Pty Ltd [2016] NSWSC 1245

The Court held that the failure to staple the statement of claim (using an owl clip instead) was, at most, a procedural irregularity. Section 63 of the Civil Procedure Act 2005 (NSW) empowers the Court to treat such an irregularity as not affecting the validity of the filing. The statement of claim was received by the registry within the limitation period, and the requirements for commencement of proceedings were substantially met. The technical non-compliance with the fastening requirement should not defeat the claim, and the Court made an order deeming the statement of claim filed as at 23 June 2016.

Jurisdiction
Australia
Judgment Date
02 September 2016
Procedural Posture
Civil / Interlocutory Application to Rectify Irregularity in Filing/commencement of Proceedings
Outcome
Application granted; statement of claim to be treated as filed on 23 June 2016.
Legal Topics
['rectification of Irregularity' 'filing of Originating Process' 'defamation' 'limitation Period' 'procedural Requirements' 'court Registry Practices']
['civil Procedure'] ['rectification of Irregularity' 'filing of Originating Process' 'defamation' 'limitation Period' 'procedural Requirements' 'court Registry Practices']

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Procedural Posture

Civil / Interlocutory Application to Rectify Irregularity in Filing/commencement of Proceedings

Legal Issues

  1. 1 ['Whether the failure to staple the statement of claim (using a Tudor owl clip instead) amounted to an irregularity affecting the filing of the proceeding within the limitation period.' 'Whether s 63 of the Civil Procedure Act 2005 (NSW) empowers the Court to treat the statement of claim as having been duly filed within time, notwithstanding an alleged irregularity in formality.' 'Whether the actions of the registry in rejecting the statement of claim for want of staple were proper.']

Ratio Decidendi

The Court held that the failure to staple the statement of claim (using an owl clip instead) was, at most, a procedural irregularity. Section 63 of the Civil Procedure Act 2005 (NSW) empowers the Court to treat such an irregularity as not affecting the validity of the filing. The statement of claim was received by the registry within the limitation period, and the requirements for commencement of proceedings were substantially met. The technical non-compliance with the fastening requirement should not defeat the claim, and the Court made an order deeming the statement of claim filed as at 23 June 2016.

Court Disposition

Application granted; statement of claim to be treated as filed on 23 June 2016.

Orders

  • ['That the statement of claim in these proceedings be treated as having been duly filed on 23 June 2016.']