Non-compliance with the 21-day time limit in UCPR r 31.5 for service of a tendency notice does not preclude a finding of reasonable notice under s 97(1)(a) of the Evidence Act 1995 (NSW); the question is determined by reference to all relevant circumstances including the purposes of s 97, not by reference to the fact or extent of non-compliance with rules of court made under s 99.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.