Barrett v The State of New South Wales [2019] NSWSC 279

Supreme Court New South Wales

Medium Neutral Citation: Barrett v The State of New South Wales [2019] NSWSC 279 Hearing dates: 11 March 2019 Date of orders: 20 March 2019 Decision date: 20 March 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Refuse leave for a further extension of time for the service of the statement of claim. 2. To the extent that it remains extant, dismiss the plaintiff's notice of motion dated 19 December 2017. 3. Dismiss the proceedings. 4. Make no order as to costs. Catchwords: CIVIL PROCEDURE — Originating process — Expiry before service — Extension of time for service of statement of claim granted — statement of claim not served within extended time — successive extensions — statement of claim still not served — deliberate delay by the plaintiff in effecting service of the originating process in order to conduct the proceedings as he chose — leave for further extension refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-59 Uniform Civil Procedure Rules 2005 (NSW), r 1.12 Cases Cited: Agricultural & Rural Finance Pty Ltd v Kirk [2010] NSWCA 132 Arthur Andersen Corporate Finance Pty Ltd v Buzzle Operations Pty Ltd (in liq) [2009] NSWCA 104 Battersby v Anglo American Oil Co Limited [1945] KB 23 Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 CDJ v VAJ [1998] HCA 76; (1998) 197 CLR 172 Dagnell v Freedman & Co [1993] 1 WLR 388 Kleinwort Benson Ltd v Barbrak Ltd [1987] AC 597 The IMB Group Pty Ltd (in liq) v Australian Competition and Consumer Commission [2006] QCA 407; [2007] 1 Qld Rep 148 Tolcher v Gordon [2005] NSWCA 135; 53 ACSR 442 Weston v Publishing and Broadcasting Ltd [2011] NSWSC 433 Weston v Publishing and Broadcasting Ltd [2012] NSWCA 79 Category: Procedural and other rulings Parties: Paul Michael Barrett (Plaintiff) The State of New South Wales (First Defendant) New South Wales Land and Housing Corporation (Second Defendant) Darlinghurst Area Rental Tenancy Co-Operative Limited (Third Defendant) Representation: Counsel: M S White SC (Plaintiff)