Ingram v Ingram [2022] NSWDC 653

Ingram v Ingram [2022] NSWDC 653

The court held that nearly all factors favoured the defendant. The delay was not adequately explained, the proceedings were mostly or wholly out of time, and there were deficiencies in particulars of publication required for defamation. The orders extending time for service and substituted service were discharged, the statement of claim was stale, and the proceedings were struck out and dismissed.

Jurisdiction
Australia
Judgment Date
22 December 2022
Procedural Posture
Civil / Application to Set Aside Orders and Strike Out Proceedings
Outcome
statement of claim and amended statement of claim struck out and proceedings dismissed
Legal Topics
['extension of Time for Service' 'limitation Period' 'defamation Proceedings' 'delay in Service' 'setting Aside Orders']
['practice and Procedure' 'defamation'] ['extension of Time for Service' 'limitation Period' 'defamation Proceedings' 'delay in Service' 'setting Aside Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Application to Set Aside Orders and Strike Out Proceedings

Legal Issues

  1. 1 ['whether orders extending time for service of statement of claim should be set aside' 'whether delays in commencing and serving statement of claim were adequately explained' 'whether the proceedings were statute-barred and should be struck out']

Ratio Decidendi

The court held that nearly all factors favoured the defendant. The delay was not adequately explained, the proceedings were mostly or wholly out of time, and there were deficiencies in particulars of publication required for defamation. The orders extending time for service and substituted service were discharged, the statement of claim was stale, and the proceedings were struck out and dismissed.

Court Disposition

statement of claim and amended statement of claim struck out and proceedings dismissed

Orders

  • ['Orders made on 3 August 2022 extending time for service and granting leave to serve Amended Statement of Claim are discharged' 'Order made on 23 September 2022 extending time to serve Amended Statement of Claim is discharged' 'Order made on 6 October 2022 for substituted service is discharged' "Order for service...