Kostov v State of New South Wales (No 3) [2019] NSWCA 189

Kostov v State of New South Wales (No 3) [2019] NSWCA 189

Because Ms Kostov had not received the respondents' documents due to her blocking the relevant solicitor's email address and because her physical address for service was no longer current, the orderly conduct of the proceedings required leave to file the respondents' documents, service by email from the Crown Solicitor's Office general email account and by the Registry, directions for written submissions and affidavit evidence, and a direction requiring Ms Kostov to file a notice of change of address for service.

Jurisdiction
Australia
Judgment Date
29 July 2019
Procedural Posture
Court of Appeal Proceedings; Procedural and Other Rulings / Interlocutory Notice of Motion Concerning Service, Filing of Documents, Directions, and Address for Service
Outcome
Leave granted to file the respondents' documents; directions made for service, written submissions, evidence, notice of change of address for service, and stand over.
Legal Topics
['service of Documents' 'address for Service' 'notice of Change of Address for Service' 'interlocutory Applications' 'medical Examination' 'tutor Application' 'written Submissions and Affidavit Evidence']
['civil Procedure' 'appellate Procedure'] ['service of Documents' 'address for Service' 'notice of Change of Address for Service' 'interlocutory Applications' 'medical Examination' 'tutor Application' 'written Submissions and Affidavit Evidence']

Case Brief

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Procedural Posture

Court of Appeal Proceedings; Procedural and Other Rulings / Interlocutory Notice of Motion Concerning Service, Filing of Documents, Directions, and Address for Service

Legal Issues

  1. 1 ['Whether the respondents should be granted leave to file an amended notice of motion, affidavits and written submissions.' "How documents should be served where Ms Kostov had blocked emails from the respondents' solicitor and her previous physical address for service was no longer current." "Whether Ms Kostov should be directed to file written submissions and evidence in answer to the Attorney General's submissions concerning the r 33.13 application." 'Whether Ms Kostov should be directed to file a notice of change of address for service pursuant to r 4.6 of the Uniform Civil Procedure Rules 2005 (NSW).']

Ratio Decidendi

Because Ms Kostov had not received the respondents' documents due to her blocking the relevant solicitor's email address and because her physical address for service was no longer current, the orderly conduct of the proceedings required leave to file the respondents' documents, service by email from the Crown Solicitor's Office general email account and by the Registry, directions for written submissions and affidavit evidence, and a direction requiring Ms Kostov to file a notice of change of address for service.

Court Disposition

Leave granted to file the respondents' documents; directions made for service, written submissions, evidence, notice of change of address for service, and stand over.

Orders

  • ['Grant leave to the respondents to file in court an amended notice of motion dated 26 July 2019.' 'Grant leave to file in court the affidavit of John Kenneth McDonnell affirmed 26 July 2019 and the affidavit of Amanda Rose Sapienza sworn 26 July 2019.' 'Grant leave to file in court a set of submissions entitled...