Green v Healthscope Limited t/as The Hills Private Hospital [2014] NSWSC 43

Supreme Court New South Wales

Medium Neutral Citation: Green v Healthscope Limited t/as The Hills Private Hospital [2014] NSWSC 43 Hearing dates: 3 December 2013 Decision date: 13 February 2014 Before: Bellew J Decision: 1.The notice of motion filed by the plaintiff on 17 September 2013 is dismissed. 2.The proceedings brought by the plaintiff against the second defendant are dismissed. Catchwords: PRACTICE AND PROCEDURE - service of statement of claim - where statement of claim served after time for service expired - application made for extension of time for service - whether good reasons had been advanced for an extension - whether explanation advanced for the failure to make the application prior to the expiry of the statement of claim

PRACTICE AND PROCEDURE - service of statement of claim - where statement of claim served after time for service expired - application made for extension of time for service - where defendant filed a notice of appearance following service out of time - whether filing of notice of appearance constituted a waiver of objection to service - whether service deemed to have been effected Legislation Cited: Corporations Act 2001 Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Elcham v Darling Island Sydney [2005] NSWSC 448 Kleinwort Benson Limited v Barbrak Limited [1987] AC 597 Pell v Hodges [2007] NSWCA 234 Vista Capital Developments Pty Limited v Talmarc Pty Limited and ors [2008] NSWSC 935 WFM Motors Pty Limited v Maydwell (SC (NSW) Bryson J, 23 April 1993, unreported); Category: Procedural and other rulings Parties: Liza Green (Plaintiff) Healthscope Limited t/as The Hills Private Hospital (Second Defendant) Representation: Ms L Friedwald (Plaintiff) Mr D Lloyd (Second Defendant) Brydens Lawyers (Plaintiff) Kennedys (Second Defendant) File Number(s): 2012/00025652 Publication restriction: Nil