CIVIL PROCEDURE — Registrars — review of Registrar’s decision — where no error in Registrar’s decision — where new evidence on subsequent application — whether decision should be set aside
CIVIL PROCEDURE — originating process — expiry before service — extension of time for service — where plaintiffs seek extension of time to narrow scope of claim before service — no question of principle
Quick Take
1On review of a Registrar's decision under UCPR r 49.19, the court may intervene based on fresh evidence or changed circumstances even where no error in the Registrar's original decision is demonstrated.
2The desire to narrow a claim before service, based on speculative future developments, is not of itself a sufficient justification for a protracted delay in service; the court may instead fashion orders (such as a standstill on filing defences) to ameliorate prejudice to defendants while ensuring they are put on notice of the claim within a reasonable time.
3The overriding purpose and case management principles under Pt 6, Div 1 of the Civil Procedure Act 2005 (NSW) require balancing the plaintiff's interest in refining its claim against the defendant's entitlement to timely notice of allegations.
