Burwood Council v Wanless [2013] NSWLEC 160

Burwood Council v Wanless [2013] NSWLEC 160

Because the affidavits showed repeated unsuccessful attempts to personally serve the respondent at her residence, the circumstances warranted orders for substituted service of the contempt notice of motion.

Jurisdiction
Australia
Judgment Date
20 September 2013
Procedural Posture
Class 4 / Notice of Motion for Substituted Service of a Contempt Notice of Motion
Outcome
Orders for substituted service made; contempt notice of motion listed for directions.
Legal Topics
['substituted Service' 'personal Service' 'dispensing With Service' 'contempt Notice of Motion']
['civil Procedure' 'contempt of Court'] ['substituted Service' 'personal Service' 'dispensing With Service' 'contempt Notice of Motion']

Case Brief

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Procedural Posture

Class 4 / Notice of Motion for Substituted Service of a Contempt Notice of Motion

Legal Issues

  1. 1 ['Whether orders should be made for substituted service of the notice of motion for contempt on the respondent.']

Ratio Decidendi

Because the affidavits showed repeated unsuccessful attempts to personally serve the respondent at her residence, the circumstances warranted orders for substituted service of the contempt notice of motion.

Court Disposition

Orders for substituted service made; contempt notice of motion listed for directions.

Orders

  • ['Pursuant to r 18.2(2)(c) of the Uniform Civil Procedure Rules 2005 (UCPR) service of this notice of motion is dispensed with.' 'Pursuant to UCPR Rule 10.14 and 10.26, in lieu of personal service, service of the notice of motion filed 22 August 2013 on Susan Wanless be effected by placing the notice of motion,...