Zepinic v Chateau Constructions (Australia) Ltd [2013] NSWCA 214

Zepinic v Chateau Constructions (Australia) Ltd [2013] NSWCA 214

The transcript evidence that Dr Zepinic informed the Court of the Little Thames Walk address, together with evidence that the original and amended notices of motion were forwarded to that address, was sufficient to establish that mailing the amended notice of motion to that address should be taken to constitute sufficient service for the purpose of the amended notice of motion.

Jurisdiction
Australia
Judgment Date
01 July 2013
Procedural Posture
Interlocutory Applications / Application by Amended Notice of Motion Concerning Service and Costs
Outcome
Service of the amended notice of motion by mailing it to the Little Thames Walk address was ordered to be taken to constitute sufficient service on Dr Zepinic; Chateau Constructions proceeded only against Dr Zepinic on the amended notice of motion.
Legal Topics
['service of Documents' 'notice of Motion' 'sufficient Service' 'service by Post']
['civil Procedure'] ['service of Documents' 'notice of Motion' 'sufficient Service' 'service by Post']

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Procedural Posture

Interlocutory Applications / Application by Amended Notice of Motion Concerning Service and Costs

Legal Issues

  1. 1 ['Whether service of the amended notice of motion by mailing it to the Little Thames Walk address should be taken to constitute sufficient service on Dr Zepinic under UCPR 10.6(2).']

Ratio Decidendi

The transcript evidence that Dr Zepinic informed the Court of the Little Thames Walk address, together with evidence that the original and amended notices of motion were forwarded to that address, was sufficient to establish that mailing the amended notice of motion to that address should be taken to constitute sufficient service for the purpose of the amended notice of motion.

Court Disposition

Service of the amended notice of motion by mailing it to the Little Thames Walk address was ordered to be taken to constitute sufficient service on Dr Zepinic; Chateau Constructions proceeded only against Dr Zepinic on the amended notice of motion.

Orders

  • ["The forwarding under cover of the letters referred to in Mr Loel's affidavit of the original notice of motion and the amended notice of motion to the Little Thames Walk address should be taken to constitute sufficient service for the purpose of the amended notice of motion."]