Ingram v Ingram [2022] NSWDC 653

District Court New South Wales

Medium Neutral Citation: Ingram v Ingram [2022] NSWDC 653 Hearing dates: 8 December 2022 Date of orders: 22 December 2022 Decision date: 22 December 2022 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Pursuant to rule 12.11 of the Uniform Civil Procedure Rules 2005 (NSW), the orders made on 3 August 2022 extending the time for service of the Statement of Claim and granting the Plaintiff leave to serve the Amended Statement of Claim are discharged. (2) The order made on 23 September 2022 extending time to serve the Amended Statement of Claim is discharged. (3) The order made on 6 October 2022 for substituted service of the Amended Statement of Claim is discharged. (4) The order for service of the Amended Statement of Claim on the Defendant's solicitors, Mr Douglas Bishop and Ms Bryony Dewar-Leahy on 6 October 2022 is set side. (5) Both the Statement of Claim filed 1 July 2022 and the Amended Statement of Claim filed 25 August 2022 are struck out and dismissed. (6) The Plaintiff is to pay the Defendant's costs of this notice of motion and of the proceedings, with liberty to apply. Catchwords: PRACTICE AND PROCEDURE - application to set aside orders extending time for service of statement of claim - delays in service of statement of claim - whether delays in commencing and serving statement of claim adequately explained - no issue of principle Legislation Cited: Defamation Act 2005 (NSW), s 14 Limitation Act 1969 (NSW), ss 14B, 46, 56A Uniform Civil Procedure Rules 2005 (NSW), rr 1.12, 6.2, 10.1,12.11,19.1 Cases Cited: Arthur Andersen Corporate Finance Pty Ltd v Buzzle Operations Pty Ltd (in liq) [2009] NSWCA 104 Associated Newspapers Ltd v Dingle [1962] 2 All ER 737; [1964] AC 371 Bodenstein v Hope Street Urban Compassion [2014] NSWDC 126 Campbell v Regional Publishers Pty Ltd (Supreme Court (NSW), Levine J, 30 October 1998, unrep) Hunter v Hanson [2014] NSWCA 263 McCarey v Associated Newspapers Ltd (No 2) [1965] 2 QB 86 Newman v Whittington [2022] NSWSC 249 Rader v Haines [2022] NSWCA 198 Sims v Jooste (No 2) [2016] WASCA 83 Weston in Capacity as Special Purpose Liquidator of One.Tel Ltd (in liquidation) v Publishing and Broadcasting Ltd [2012] NSWCA 79 Category: Procedural rulings Parties: Suzanne Ingram (plaintiff) Norma Ingram (defendant) Representation: Counsel: Mr B Dean (plaintiff) Ms L Barnett (defendant)