Chung Wah Wong v Ivan Novakovic [2021] NSWSC 1130

Chung Wah Wong v Ivan Novakovic [2021] NSWSC 1130

The statement of claim could not practicably be personally served on Mr Novakovic because repeated efforts to contact him had failed, his whereabouts were unknown to his wife and father, no actual Vaucluse address was known, and his failure to appear at court supported an inference that he was evasive. Service at the Silverdale property would be futile because he had not resided there for some time. However, exceptional circumstances for dispensing with service entirely were not established because emails had not bounced back and his solicitor's response was consistent with an ongoing legal relationship. Substituted service by express post to his solicitor and by email to Mr Novakovic was...

Jurisdiction
Australia
Judgment Date
07 September 2021
Procedural Posture
Application for Substituted Service in Proceedings Relating to Possession of Land / Amended Notice of Motion Heard in Chambers on the Papers
Outcome
Orders for substituted service made; costs of the amended notice of motion reserved.
Legal Topics
['substituted Service' 'personal Service' 'originating Process' 'possession of Land' 'unregistered Mortgage']
['civil Procedure' 'property' 'mortgage Law'] ['substituted Service' 'personal Service' 'originating Process' 'possession of Land' 'unregistered Mortgage']

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 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Substituted Service in Proceedings Relating to Possession of Land / Amended Notice of Motion Heard in Chambers on the Papers

Legal Issues

  1. 1 ['Whether the statement of claim could practicably be personally served on the first defendant' 'Whether service by affixing the originating process to the land under r 10.15 would be useful or futile' 'Whether exceptional circumstances justified dispensing with service entirely' "What substituted service steps were appropriate to bring the statement of claim to the first defendant's notice"]

Ratio Decidendi

The statement of claim could not practicably be personally served on Mr Novakovic because repeated efforts to contact him had failed, his whereabouts were unknown to his wife and father, no actual Vaucluse address was known, and his failure to appear at court supported an inference that he was evasive. Service at the Silverdale property would be futile because he had not resided there for some time. However, exceptional circumstances for dispensing with service entirely were not established because emails had not bounced back and his solicitor's response was consistent with an ongoing legal relationship. Substituted service by express post to his solicitor and by email to Mr Novakovic was...

Court Disposition

Orders for substituted service made; costs of the amended notice of motion reserved.

Orders

  • ['Pursuant to r 10.14(2) of the Civil Procedure Rules 2005 (NSW), service of the statement of claim on Mr Novakovic shall be sufficiently effected by service of a sealed copy of the statement of claim upon John Au-Yeung solicitor by express post, together with a sealed copy of the order for substituted service.'...