Belle Vue Property Pty Limited v Mercato e Cucina at Barangaroo Pty Ltd

The applicant, Belle Vue Property Pty Limited, sought an extension of time for the service of a summons against the respondent, Mercato e Cucina at Barangaroo Pty Ltd. The application was made in the Supreme Court of New South Wales and concerned a dispute related to alleged breaches of a lease agreement. The applicant needed additional time to serve the summons on the respondent who was allegedly operating a restaurant within a property owned by the applicant, and the applicant sought damages and an injunction.

The court had to determine whether it was in the interests of justice to extend the time for service of the summons, given that the applicant had failed to serve the summons within the statutory period. The respondent opposed the application on the basis that the applicant had not demonstrated any special circumstances justifying the extension. The applicant argued that there were no significant delays on their part and that the respondent was not prejudiced by the late service.

The court found that the application was not a matter of principle but rather one of discretion. The applicant had not provided a satisfactory explanation for the delay in serving the summons, and the respondent had not been given a fair opportunity to respond to the summons within the statutory period. However, the court considered the respondent's opposition and the fact that there was no significant prejudice to the respondent if the extension was granted. The court ultimately decided to extend the time for service of the summons, but only on the condition that the applicant paid the respondent's costs of the application.

No further orders were made by the court in relation to the dispute between the parties. The applicant was granted leave to serve the summons within the extended time period, and the respondent was ordered to pay their own costs of the application.