High Court refuses an application to set aside an order for renewal of a summons, on grounds that: (a) the entry of an appearance cures any irregularity in the summons; and (b) a summons which has not been served within the time period prescribed by a previous order for renewal does not immediately become a nullity, and is capable of renewal at the discretion of the court.
Defendant’s application to set aside renewal of summons on grounds that court lacked jurisdiction to do so – plaintiff denies this and claims that any deficiency was cured when the appearance was entered by the plaintiff – two issues – jurisdiction of court to renew a summons which was previously renewed but not served within the renewed period – effect of an entry of an appearance – a summons which has not been served within the time period prescribed by a previous order for renewal does not immediately become a nullity and is capable of renewal – entry of appearance cures any irregularity or defect – court has jurisdiction to extend time for renewal of summons after the first period of renewal lapses – on a consideration of the facts the court chooses to exercise this discretion – application refused