Qasim v Bird & Ors (No 2) [2022] NSWSC 411

Supreme Court New South Wales

Medium Neutral Citation: Qasim v Bird & Ors (No 2) [2022] NSWSC 411 Hearing dates: 13 April 2022 Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Common Law Before: Davies J Decision: 1. Dismiss the plaintiff's notice of motion dated 15 March 2022. 2. Declare that the summons filed 8 September 2021 is no longer valid for service. 3. Dismiss the proceedings against the eighth, ninth, tenth and fourteenth defendants pursuant to r 13.4 Uniform Civil Procedure Rules 2005 (NSW) Catchwords: CIVIL PROCEDURE – service – where defendants had not been served with summons in accordance with UCPR – where six-month period of service had expired – whether extension should be allowed pursuant to r 1.12 UCPR – where there was no adequate explanation from plaintiff for failure to serve defendants properly – where, in any case, no reasonable cause of action disclosed against those defendants – where it would be inconsistent with s 56 of Civil Procedure Act to grant extension of time Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 Uniform Civil Procedure Rules 2005 (NSW) rr 1.12, 6.2, 6.3, 13.4, 15.3 Cases Cited: Arthur Andersen Corporate Finance Pty Ltd v Buzzle Operations Pty Ltd (in liq) [2009] NSWCA 104 D'Orta-Ekenaike v Victoria Legal Aid [2005] 223 CLR 1; [2005] HCA 12 Qasim v Bird & Ors [2022] NSWSC 258 Texts Cited: Nil Category: Procedural rulings Parties: Shaheen Qasim (Plaintiff) Michael Hall (Eighth Defendant) Kate Richardson (Ninth Defendant) Sharon Armstrong aka Sutherland (Tenth Defendant) Craig Bolger (Fourteenth Defendant) Representation: Counsel: In person (Plaintiff)