Jomaa v Denney [2018] NSWSC 76
Because the plaintiff had taken considerable unsuccessful steps to serve the defendant or have Channel 10 legal counsel accept service on his behalf, and because it was not reasonably practicable to serve the defendant in the manner required by law, substituted service under rule 10.14 was appropriate.
- Jurisdiction
- Australia
- Judgment Date
- 02 February 2018
- Procedural Posture
- Defamation Proceedings / Application for Substituted Service
- Outcome
- Orders made for substituted service.
- Legal Topics
- ['substituted Service' 'service of Statement of Claim' 'television Broadcast' 'proceedings Against Journalist']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Defamation Proceedings / Application for Substituted Service
Legal Issues
- 1 ['Whether it was reasonably practicable for the plaintiff to serve the defendant in the manner required by law.' 'Whether an order for substituted service under rule 10.14 was appropriate.']
Ratio Decidendi
Because the plaintiff had taken considerable unsuccessful steps to serve the defendant or have Channel 10 legal counsel accept service on his behalf, and because it was not reasonably practicable to serve the defendant in the manner required by law, substituted service under rule 10.14 was appropriate.
Court Disposition
Orders made for substituted service.
Orders
- ['Orders 1, 2 and 3 in the notice of motion filed 4 January 2018 were made.' 'The proceedings were stood over before McCallum J on 16 March 2018 for first listing.' 'The plaintiff was directed to inform the defendant of the adjourned date at the time the pleading is served.']
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