Goldsmith v Ghosh [2015] NSWSC 604

Goldsmith v Ghosh [2015] NSWSC 604

Given urgency and uncertainty regarding the defendant's residence, service by email and by leaving documents at the last known address is appropriate and personal service is dispensed with.

Parties
Plaintiff: Barrie Goldsmith; Defendant: Dr Ratua Ghosh
Jurisdiction
Australia
Judgment Date
20 May 2015
Procedural Posture
Civil / Interlocutory Application for Alternative Service
Outcome
Plaintiff granted ex parte orders for alternative service with directions for service by email and at last known address; personal service dispensed with; matter listed for further hearing.
Legal Topics
Service of Statement of Claim, Alternative Service, Defamation
Civil Procedure Service of Statement of Claim Alternative Service Defamation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

Barrie Goldsmith

Plaintiff

Dr Ratua Ghosh

Defendant

Procedural Posture

Civil / Interlocutory Application for Alternative Service

Legal Issues

  1. 1 Whether the plaintiff should be granted leave for alternative service by email due to the urgency and uncertainty regarding the defendant's current residential address.

Ratio Decidendi

Given urgency and uncertainty regarding the defendant's residence, service by email and by leaving documents at the last known address is appropriate and personal service is dispensed with.

Court Disposition

Plaintiff granted ex parte orders for alternative service with directions for service by email and at last known address; personal service dispensed with; matter listed for further hearing.

Orders

  • Leave to file the notice of motion in Court.
  • Motion returnable instanter.