Environment Protection Authority v Aussie Earthmovers Pty Ltd [2018] NSWLEC 91

Environment Protection Authority v Aussie Earthmovers Pty Ltd [2018] NSWLEC 91

Given the absence of current directors or company secretaries and the inability to effect service by ordinary means, the Court found the precondition for substituted service under UCPR r 10.14 was satisfied, and deemed service on specified individuals would suffice.

Parties
Prosecutor: Environment Protection Authority; Defendant: Aussie Earthmovers Pty Ltd
Jurisdiction
Australia
Judgment Date
15 June 2018
Procedural Posture
Application for Substituted Service in Class 5 Criminal Proceedings / Interlocutory Judgment on Notice of Motion
Outcome
Orders for substituted service granted.
Legal Topics
Substituted Service, Class 5 Proceedings, Service of Process on Corporations
Practice and Procedure Substituted Service Class 5 Proceedings Service of Process on Corporations

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Parties

Environment Protection Authority

Prosecutor

Aussie Earthmovers Pty Ltd

Defendant

Procedural Posture

Application for Substituted Service in Class 5 Criminal Proceedings / Interlocutory Judgment on Notice of Motion

Legal Issues

  1. 1 Whether substituted service should be ordered on the defendant corporation in Class 5 proceedings under UCPR r 10.14.

Ratio Decidendi

Given the absence of current directors or company secretaries and the inability to effect service by ordinary means, the Court found the precondition for substituted service under UCPR r 10.14 was satisfied, and deemed service on specified individuals would suffice.

Court Disposition

Orders for substituted service granted.

Orders

  • Service of the Court documents in proceedings numbered 00104771 and 00104773 of 2018 to be deemed effective if personally served on Amal Mouawad or Paul Mouawad (also known as Boulos Isaac) at specified addresses.
  • Other Court documents may be served by posting to Amal Mouawad or Paul Mouawad at the same addresses.