Tu v Chang [2017] NSWDC 352

Tu v Chang [2017] NSWDC 352

The typographical error in numbering the third, fourth and fifth defendants on the face of the statement of claim did not amount to a breach of the Uniform Civil Procedure Rules warranting rejection by the Registry; pursuant to s 63 Civil Procedure Act 2005 (NSW), the proceedings are deemed commenced on the date the document was presented for filing (6 October 2017), and costs are awarded to the plaintiff as the application was properly brought and opposed without sufficient basis.

Jurisdiction
Australia
Judgment Date
12 December 2017
Procedural Posture
Civil / Procedural Application Regarding Commencement Date and Costs
Outcome
Application granted
Legal Topics
['filing Irregularities' 'rectification of Procedural Irregularity' 'limitation Period' 'costs Orders' 'form of Court Documents']
['civil Procedure'] ['filing Irregularities' 'rectification of Procedural Irregularity' 'limitation Period' 'costs Orders' 'form of Court Documents']

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Procedural Posture

Civil / Procedural Application Regarding Commencement Date and Costs

Legal Issues

  1. 1 ['Whether typographical errors in the identification of defendants on the front page of a statement of claim justify rejection by the Registry' 'Whether the proceedings should be deemed commenced on 6 October 2017 for limitation purposes pursuant to s 63 Civil Procedure Act 2005 (NSW)' 'Whether costs should be awarded for the application']

Ratio Decidendi

The typographical error in numbering the third, fourth and fifth defendants on the face of the statement of claim did not amount to a breach of the Uniform Civil Procedure Rules warranting rejection by the Registry; pursuant to s 63 Civil Procedure Act 2005 (NSW), the proceedings are deemed commenced on the date the document was presented for filing (6 October 2017), and costs are awarded to the plaintiff as the application was properly brought and opposed without sufficient basis.

Court Disposition

Application granted

Orders

  • ['Pursuant to s 63 Civil Procedure Act 2005 (NSW) the date for commencement of these proceedings is deemed to have been 6 October 2017.' "The defendants pay the plaintiff's costs of the plaintiff's notice of motion filed on 23 November 2017 and of this application." 'The parties have liberty to bring in Short...