Ugur v Police Service of New South Wales

The matter before the court was an application by the plaintiff, Ugur, for an extension of time to serve the defendant, the Police Service of New South Wales, with the originating process in a proceeding brought under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). The plaintiff sought an extension due to difficulties in locating the appropriate officer within the police service to serve the originating process. The court was tasked with deciding whether the plaintiff's application for an extension of time should be granted.

The court considered the statutory framework governing the service of originating process and the discretion it had to extend time. It noted that while the court has a discretion to extend time, this discretion is not unlimited and must be exercised judiciously. The court emphasised the importance of ensuring that the defendant is not prejudiced by any delay in service and considered the plaintiff's efforts to locate the appropriate officer within the police service. Ultimately, the court concluded that the plaintiff had not demonstrated any exceptional circumstances warranting an extension of time, and dismissed the application.

The court's reasoning was grounded in the statutory provisions and the need to balance the interests of both parties. The court found that the plaintiff had not provided sufficient evidence to support the need for an extension and that the delay in serving the originating process was not due to any fault on the part of the defendant. The court also noted that the plaintiff had not demonstrated any significant prejudice that would result from the denial of the extension. Consequently, the application for an extension of time was dismissed.