Tu v Chang [2017] NSWDC 352

District Court New South Wales

Medium Neutral Citation: Tu v Chang [2017] NSWDC 352 Hearing dates: 7 December 2017 Date of orders: 12 December 2017 Decision date: 12 December 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Pursuant to s 63 Civil Procedure Act 2005 (NSW) the date for commencement of these proceedings is deemed to have been 6 October 2017. (2) The defendants pay the plaintiff's costs of the plaintiff's notice of motion filed on 23 November 2017 and of this application. (3) The parties have liberty to bring in Short Minutes of Order reflecting an agreed timetable for the conduct of these proceedings. Catchwords: PRACTICE AND PROCEDURE – Statement of Claim correctly identified and numbered five defendants and provided their addresses at the end of the pleading conformably with UCPR rr 4.2 and 4.3, but numbered three of the defendants incorrectly as "first defendant" on the first page – Registry rejects document – plaintiff seeks orders pursuant to s 63 Civil Procedure Act 2005 (NSW) for rectification of the date due to limitation issues – whether document should have been rejected by the Registry – whether discretion should be exercised – whether the need to maintain public confidence in the judicial system requires the rejection of documents with typing errors – application granted Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 – 62 and 63 Interpretation Act 1987 (NSW), s 36 Uniform Civil Procedure Rules 2005 (NSW), Part 3 and rr 4.2, 4.3 and 4.10 Cases Cited: Aon Risk Services Australia v Australian National University (2009) 258 ALR 14 Australian Coastal Shipping Commission v Curtis Cruising Pty Ltd (1989) 17 NSWLR 734 Bobolas v Waverley Council [2016] NSWCA 139 E Ryan & Sons Ltd v Rounsevell (1910) 10 CLR 176 Gower v Woodman Sales Pty Ltd [1988] 2 Qd R 15 Harkness v Bell's Asbestos and Engineering Ltd [1967] 2 QB 729 Marson v Network Ten Pty Ltd [2016] NSWSC 1245 Mills v Futhem Pty Ltd (2011) 81 NSWLR 538 Nazer v Wade (1861) 1 B & S 728 Riniker v University College London, The Times, 17 April 1999 Windsurf Holdings Pty Ltd v Leonard [2009] NSWCA 6 Texts Cited: Department of Justice, Approved civil forms P. Taylor, Dr E. Elms, M. Meek SC, The Hon Justice G. Bellew, Ritchie's Uniform Civil Procedure NSW (LexisNexis, Australia) Category: Procedural and other rulings Parties: Plaintiff: Zhen Tu First Defendant: Qing Chang (known as Juliette Chang) Second Defendant: Chaohui Cui Third Defendant: Bingjie Xu Fourth Defendant: Shouhua Guan (known as Tamara Guan) Fifth Defendant: Mingwu Jin Representation: Counsel: Plaintiff: Mr R Potter Defendants: Mr B Goldsmith (solicitor)