4. What is the risk if the plaintiff serves by registered post or letter box near the end of the limitation period?
The risk of serving a writ by registered post or letter box near the end of a limitation period is that service may be deemed to occur too late, rendering it invalid and potentially leaving your claim permanently time-barred.
For service by registered post or by insertion through a letter box, service is generally deemed to take place on the seventh day after posting or insertion.
This can create a serious risk if the plaintiff serves the writ very close to:
- the expiry of the writ; or
- the expiry of the limitation period.
If you post a writ only 3 days before its 12-month validity period ends, the law deems service to have occurred 4 days after the writ has already expired. Service of an expired writ is invalid and can be set aside as an irregularity.
If the limitation period for your claim expires during that 7-day window and service is later ruled invalid, you may be unable to renew the writ.
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