Crux - Southern Cross University Post Graduate Association Inc v Watts & Ors [2013] NSWDC 254

District Court New South Wales

Medium Neutral Citation: Crux - Southern Cross University Post Graduate Association Inc v Watts & Ors [2013] NSWDC 254 Hearing dates: 6 September 2013 Decision date: 06 September 2013 Before: Gibson DCJ Decision: (1) The plaintiff's application to extend time to serve the statement of claim is dismissed, but the plaintiff is granted leave to amend the statement of claim (without prejudice to the rights of the defendants to object to failure to serve the statement of claim filed on 16 April 2013). (2) Amended statement of claim is to be filed and served upon the defendants in 14 days. (3) Matter stood over part heard to Friday 27 September 2013 before Gibson DCJ at 10:00am. (4) Costs reserved. Catchwords: PRACTICE AND PROCEDURE - plaintiff files but does not serve statement of claim - causes of action poorly pleaded - application for extension of time for service - principles upon which time for service will be extended - whether time should be extended where the cause of action may be statute-barred - application for extension of time refused Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Defamation Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 1.2, 6.2(4)(b)(i) and 10.21 Cases Cited: Berger Investments Group Pty Ltd v Cocoon Pty Ltd [2011] NSWSC 122 Flanagan v Urban Publishing Pty Ltd [2012] NSWDC 238 Flo Rida v Mothership Music Pty Ltd [2013] NSWCA 268 Ghosh v Google Australia Pty Ltd [2013] NSWDC 146 Sleeman v Tuloch Pty Ltd [2013] NSWDC 43 Urbanchich v Drummoyne Municipal Council (1988) A Def R 50-035 Van Leer Australia Pty Ltd v Palace Shipping KK (1981) 180 CLR 337 Weston (in Capacity as Special Purpose Liquidator of One.Tel Ltd (in liq)) v Publishing & Broadcasting Ltd (2012) 88 ACSR 80 Texts Cited: - Category: Interlocutory applications Parties: Plaintiff: Crux - Southern Cross University Post Graduate Association Inc (ABN 16 447 031 300) First Defendant: Alison Watts Second Defendant: Lawrence Perry Third Defendant: Craig Wilson Fourth Defendant: Southern Cross University (ABN 41 995 651 524) Representation: Plaintiff: In person Defendant: No appearance Plaintiff: In person Defendant: No appearance File Number(s): 2013/117003 Publication restriction: None