Cronau v Vavakis [2018] NSWSC 1642

Cronau v Vavakis [2018] NSWSC 1642

The statement of claim cannot practicably be served on the defendant in the manner provided by law, and it is likely to have come to his attention via Facebook Messenger. Therefore, substituted service via Facebook Messenger is granted.

Jurisdiction
Australia
Judgment Date
17 August 2018
Procedural Posture
Civil / Interlocutory Order
Outcome
Order for substituted service granted; proceedings stood over for directions
Legal Topics
['substituted Service' 'defamation']
['civil Procedure'] ['substituted Service' 'defamation']

Case Brief

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Procedural Posture

Civil / Interlocutory Order

Legal Issues

  1. 1 ['Whether an order for substituted service should be granted under r 10.14 of the Uniform Civil Procedure Rules 2005 (NSW)']

Ratio Decidendi

The statement of claim cannot practicably be served on the defendant in the manner provided by law, and it is likely to have come to his attention via Facebook Messenger. Therefore, substituted service via Facebook Messenger is granted.

Court Disposition

Order for substituted service granted; proceedings stood over for directions

Orders

  • ['Statement of claim deemed served by Facebook Messenger message on 14 August 2018' 'Plaintiff directed to send further message notifying defendant of the order and future date for proceedings' 'Proceedings stood over to 7 September 2018 for directions']