Barrett v The State of New South Wales [2019] NSWSC 279

Barrett v The State of New South Wales [2019] NSWSC 279

Given the deliberate delay and lack of any attempt to serve the statement of claim for almost four years, with no satisfactory reason justifying such delay and significant pertinent prejudice and public policy considerations, a further extension is refused and the proceedings are dismissed.

Jurisdiction
Australia
Judgment Date
20 March 2019
Procedural Posture
Equity Proceeding / Application for Further Extension of Time for Service of Statement of Claim, Final Orders
Outcome
Application for further extension of time refused; proceedings dismissed; no order as to costs.
Legal Topics
['extension of Time for Service' 'dismissal for Want of Prosecution' 'deliberate Delay' 'limitation Period']
['civil Procedure'] ['extension of Time for Service' 'dismissal for Want of Prosecution' 'deliberate Delay' 'limitation Period']

Case Brief

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Procedural Posture

Equity Proceeding / Application for Further Extension of Time for Service of Statement of Claim, Final Orders

Legal Issues

  1. 1 ['Whether a further extension of time for service of the statement of claim should be granted' 'Whether the proceedings should be dismissed for failure to serve within time']

Ratio Decidendi

Given the deliberate delay and lack of any attempt to serve the statement of claim for almost four years, with no satisfactory reason justifying such delay and significant pertinent prejudice and public policy considerations, a further extension is refused and the proceedings are dismissed.

Court Disposition

Application for further extension of time refused; proceedings dismissed; no order as to costs.

Orders

  • ['Refuse leave for a further extension of time for the service of the statement of claim.' "To the extent that it remains extant, dismiss the plaintiff's notice of motion dated 19 December 2017." 'Dismiss the proceedings.' 'Make no order as to costs.']