When exercising the discretion to extend time for service of originating process under UCPR r 1.12, the court must have regard to the Civil Procedure Act 2005 (NSW) ss 56-59, the policy behind limitation periods, and established judicial principles — the discretion is not at large. A litigation funder's concerns about recoverability of damages do not constitute a valid reason for delaying service, as allowing such delay would permit plaintiffs to arrogate to non-parties the right to decide the period for service. A deliberate decision to allow a writ to become stale after the limitation period has expired is a powerful factor against extension, and any resulting prejudice is self-inflicted.
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