Where the Registrar of the District Court fails to endorse the date of sending on an arbitrator's award as required by Pt 51A r 9(5) of the District Court Rules 1973 (NSW), the 28-day time period for filing an application for rehearing under Pt 51A r 10(b) does not commence to run. The endorsement requirement is mandatory, not directory, and substantial compliance (such as sending the award under cover of a dated letter) is insufficient. Separately, when exercising discretion on applications for extension of time to file rehearing applications, courts must have regard to the Cropper v Smith principle that courts exist to decide rights, not to punish parties for mistakes in the conduct of litigation.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.