Deborah Anne ABBOTT & Sylvia ABBOTT v Kerry Ann O'DONNELL [2001] NSWSC 1189

Deborah Anne ABBOTT & Sylvia ABBOTT v Kerry Ann O'DONNELL [2001] NSWSC 1189

The plaintiffs established that it was fair and just to extend time because the lengthy delay in seeking review was not the fault of either plaintiff but resulted from poor file management by their solicitors, and the defendant identified no forensic disadvantage. The Deputy Registrar's orders were set aside because it was accepted that the Deputy Registrar lacked power to make them. The Master's self-executing orders were set aside because the plaintiffs' severe domestic circumstances and resulting failure to give instructions constituted changed circumstances making it just and proper to grant that relief.

Jurisdiction
Australia
Judgment Date
24 December 2001
Procedural Posture
Personal Injury Damages Proceedings Arising Out of a Motor Vehicle Collision / Notices of Motion Seeking Extension of Time to Apply for Review and Orders Setting Aside Prior Dismissal and Self Executing Orders
Outcome
Extension of time granted; Deputy Registrar Haggett's orders set aside; Master Greenwood's orders set aside; proceedings stood over for mention.
Legal Topics
['extension of Time' "review of Registrar's Orders" 'self Executing Orders' 'dismissal for Non Compliance' 'want of Prosecution' 'forensic Disadvantage']
['civil Procedure' 'personal Injury' 'motor Accidents'] ['extension of Time' "review of Registrar's Orders" 'self Executing Orders' 'dismissal for Non Compliance' 'want of Prosecution' 'forensic Disadvantage']

Case Brief

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Procedural Posture

Personal Injury Damages Proceedings Arising Out of a Motor Vehicle Collision / Notices of Motion Seeking Extension of Time to Apply for Review and Orders Setting Aside Prior Dismissal and Self Executing Orders

Legal Issues

  1. 1 ['Whether time should be extended for filing an application for review pursuant to Pt 61 Rule 3 of the Supreme Court Rules 1970 to set aside orders made and entered by Deputy Registrar Haggett on 28 October 1996.' 'Whether the orders made and entered by Deputy Registrar Haggett on 28 October 1996 should be set aside pursuant to s 121(3) of the Supreme Court Act 1970.' 'Whether the self-executing orders made by Master Greenwood on 28 February 1996 should be set aside.' "Whether the plaintiffs' delay was sufficiently explained and whether the defendant would suffer forensic disadvantage if the extension and setting aside orders were granted."]

Ratio Decidendi

The plaintiffs established that it was fair and just to extend time because the lengthy delay in seeking review was not the fault of either plaintiff but resulted from poor file management by their solicitors, and the defendant identified no forensic disadvantage. The Deputy Registrar's orders were set aside because it was accepted that the Deputy Registrar lacked power to make them. The Master's self-executing orders were set aside because the plaintiffs' severe domestic circumstances and resulting failure to give instructions constituted changed circumstances making it just and proper to grant that relief.

Court Disposition

Extension of time granted; Deputy Registrar Haggett's orders set aside; Master Greenwood's orders set aside; proceedings stood over for mention.

Orders

  • ['Extend the time for filing an application for review pursuant to Pt 61 Rule 3 of the SCR to set aside orders made and entered by Deputy Registrar Haggett on 28 October 1996 in proceedings 20996 of 1994 and 20997 of 1994 to 18 June 2001.' 'Set aside the orders made by Deputy Registrar Haggett on 28 October 1996 in...