Rich v Long [2008] NSWSC 487

Rich v Long [2008] NSWSC 487

Where the limitation period has expired but the originating process remains valid, the court may grant an extension ex parte, but defendants must be notified of the order within seven days, with 28 days after service to move to set aside.

Jurisdiction
Australia
Judgment Date
21 May 2008
Procedural Posture
Civil / Interlocutory Application for Extension of Time for Service of Originating Process
Outcome
application granted
Legal Topics
['extension of Time for Service' 'ex Parte Procedure']
['civil Procedure'] ['extension of Time for Service' 'ex Parte Procedure']

Case Brief

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Procedural Posture

Civil / Interlocutory Application for Extension of Time for Service of Originating Process

Legal Issues

  1. 1 ['Whether time for service of originating process should be extended after expiry of limitation period' 'Whether notice should be given to defendants after ex parte order extending time for service']

Ratio Decidendi

Where the limitation period has expired but the originating process remains valid, the court may grant an extension ex parte, but defendants must be notified of the order within seven days, with 28 days after service to move to set aside.

Court Disposition

application granted

Orders

  • ['Order that the time for service of originating process be extended.' 'Order that the defendants be notified of the order within seven days.' 'Order that defendants be notified they have 28 days after service of the process to set aside the order.']