Pritchard v Fryer [2018] NSWSC 689

Service of court process effected within a courtroom is invalid at common law. The interests of justice are advanced by making an order for substituted service to resolve the impasse over service, and costs should be paid by the plaintiff on the ordinary basis due to the improper attempted service, but not on an indemnity basis given the plaintiff's lack of awareness.

Parties: Plaintiff: Andrew Ronald Pritchard; Defendant: Gregory Robert Fryer
Jurisdiction: Australia
Judgment Date: 16 May 2018
Procedural Posture: Summons / Procedural Application Regarding Service; Interlocutory Orders
Outcome: Orders made as set out; service in court declared invalid; substituted service ordered; costs awarded on ordinary basis; matter adjourned.
Legal Topics: Service of Process, Substituted Service, Costs

Civil Procedure Service of Process Substituted Service Costs

Case Brief

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Parties

Andrew Ronald Pritchard

Plaintiff

Gregory Robert Fryer

Defendant

Procedural Posture

Summons / Procedural Application Regarding Service; Interlocutory Orders

Legal Issues

1 Whether service of the statement of claim within a courtroom is valid
2 Whether an order for substituted service should be made
3 Appropriate basis for costs order

Ratio Decidendi

Court Disposition

Orders made as set out; service in court declared invalid; substituted service ordered; costs awarded on ordinary basis; matter adjourned.

Orders

Declare that the plaintiff's purported service of the defendant in Court 11E on 23 April 2018 was invalid.
Direct the plaintiff to send an email to the defendant with the summons attached by 4pm today.