NSW Caselaw
New South Wales Supreme Court
CITATION : Rich v Long [2008] NSWSC 487
HEARING DATE(S) : 12/05/08
JUDGMENT DATE : 21 May 2008
JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
DECISION : (1) Order that the time for service of originating process be extended; (2) Order that the defendants be notified of the order within seven days, and also notified that they have up until the expiration of 28 days after service of the process to set aside the order.
CATCHWORDS : PROCEDURE [86]- Ex parte application for extension of time for service of originating process- Limitation period expired- Principles involved- Unless proposed extension is no more than a month or there is suggestion that defendants may avoid service, defendants must be notified of order and the period in which they may move to set aside the order- Application granted.
LEGISLATION CITED : Uniform Civil Procedure Rules 2005, Pt 1 r12, Pt 6 r2(4)(a)
Buzzle Operations Pty Ltd v Breirl [2007] NSWSC 922 Dagnell v J L Freedman & Co [1993] 1 WLR 388 FAI Insurances Ltd v Mainprize [2006] NSWSC 554 CASES CITED : Hoddinott v Persimmon Homes (Wessex) Ltd [2008] 1 WLR 806 Kleinwort Benson Ltd v Barbrak Ltd [1987] AC 597 Onefone Australia Pty Ltd v One.Tel Ltd [2007] NSWSC 1320 Weston v Publishing and Broadcasting Ltd [2007] NSWSC 1318 Zhang v Zemin [2007] NSWSC 229
John David Rich (P1) Lifecell Pty Limited (P2) PARTIES : Kalara Investments Pty Limited (P3) Geravale Holdings Pty Limited (P4) Brian James Long & Partners (D1-85)
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