Marson v Network Ten Pty Ltd [2016] NSWSC 1245

Supreme Court New South Wales

Medium Neutral Citation: Marson v Network Ten Pty Ltd [2016] NSWSC 1245 Hearing dates: 2 September 2016 Date of orders: 02 September 2016 Decision date: 02 September 2016 Jurisdiction: Common Law Before: McCallum J Decision: That the statement of claim in these proceedings be treated as having been duly filed on 23 June 2016 Catchwords: PROCEDURE – where statement of claim lodged for filing within limitation period but rejected by registry for failure to comply with the rules – country solicitor lodging documents by post – rejection of filing not coming to solicitor's attention until after the expiry of the limitation period – papers secured with a Tudor owl paper clip rather than a staple – whether "securely fastened" – irregularity on the part of the solicitor or the registry – whether s 63 of the Civil Procedure Act confers authority to address an irregularity in the commencement of proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), s 63 Uniform Civil Procedure Rules, r 4.3 Limitation Act 1969 (NSW), s 14B Cases Cited: Australian Coastal Shipping Commission v Curtis Cruising Pty Ltd (1989) 17 NSWLR 734 Bendigo and Adelaide Bank v Chowdhury [2012] NSWSC 592 Bobolas v Waverley Council [2016] NSWCA 139 Harkness v Bell's Asbestos and Engineering Ltd [1967] 2 QB 729 In the matter of Kisimul Holdings Pty Ltd [2014] NSWSC 525 Windsurf Holdings Pty Ltd v Leonard [2009] NSWCA 6. Category: Procedural and other rulings Parties: Jody Lee Marson (plaintiff) Network Ten Pty Ltd (defendant) Representation: Counsel: S Chrysanthou (plaintiff) K Eastman SC (defendant)