Read the full judgment text of HCPI 000990/1995 on BabelCite. This High Court CFI judgment was delivered on 6 May 1997 before Findlay J.
Civil procedure – service of writ of summons – application to set aside service – Order 12 Rule 8 – extension of time – Order 3 Rule 5 – Fatal scaffolding accident on 7 October 1992 – Writ issued 5 October 1995 – 12-month validity expiring 4 October 1996 – Writ sent by registered post on last day of validity – Actual receipt on 7 October 1996 – Out-of-time service – Application to set aside filed 6 November 1996 – Registrar Betts refused application – First defendant appealed – Whether court should exercise discretion to condone late filing – No acceptable explanation for delay – First defendant and solicitors knew of out-of-time service from mid-October 1996 – Solicitors' uncertainty about precise date did not excuse leaving application to last minute – Subsequent summons under Order 3 Rule 5 sought abridgement rather than extension – Court declined to extend time – Appeal dismissed with costs.
Legal issues: Whether to condone the late filing of the first defendant's application to set aside service of the writ
Outcome: Appeal dismissed; first defendant's application to set aside service of the writ refused.