The Sydney Cosmetic Specialist Clinic Pty Ltd v Hu (No 2) [2018] NSWSC 114

Supreme Court New South Wales

Medium Neutral Citation: The Sydney Cosmetic Specialist Clinic Pty Ltd v Hu (No 2) [2018] NSWSC 114 Hearing dates: 9 February 2018 Decision date: 09 February 2018 Jurisdiction: Common Law Before: McCallum J Decision: 1. Order pursuant to rule 1.12 of the UCPR that the time fixed by rule 6.2(4) of the UCPR for service of the originating process on the fourth defendant be extended to 15 April 2018. 2. Costs of this application reserved. Catchwords: CIVIL PROCEDURE – application to extend time within which originating process is valid for service – confusion as to identity of fourth defendant – where a person accepted service of process as the party named but later denied being the party named – appropriateness of extending period of validity for service Legislation Cited: Limitation Act 1969 (NSW), s 14B Uniform Civil Procedure Rules 2005 (NSW), rr 1.12, 6.2(4) Cases Cited: Weston in Capacity as Special Purpose Liquidator of One.Tel Ltd (in Liquidation) v Publishing and Broadcasting Ltd [2012] NSWCA 79 Category: Procedural and other rulings Parties: The Sydney Cosmetic Specialist Clinic Pty Ltd (first plaintiff) Dr Siew Yi Lee (second plaintiff) Richard Hu ("Yiwen Hu") (first defendant) Valgrow Pty Ltd (trading as LJ Hooker Burwood) (second defendant) Lijue Ma (third defendant) Erica Chen Cheng (fourth defendant) Representation: Counsel: A Spies (solicitor for the plaintiffs) M Lewis (solicitor for the first defendant) S Bird (solicitor for the second defendant)