14 Nov 1995
MICHAEL JOSEPH NETHERBY v. THE PERSONAL REPRESENTATIVE OF DEREK GEOFFREY HININGS, deceased
- Citation
- MICHAEL JOSEPH NETHERBY v. THE PERSONAL REPRESENTATIVE OF DEREK GEOFFREY HININGS, deceased
- Court
- Court of First Instance
- Case number
- HCA2418/1993
Plaintiff failed to demonstrate any 'good reason' for not obtaining an Order 15 appointment and for failing to serve the writ within the periods of validity; the plaintiff's solicitors failed to address the Master's reasonable queries and to take available steps to obtain an appointment; estoppel cannot validate a nullity; accordingly no extension of the writ is granted and the appeal is dismissed.