Croker v Ewen; Croker v Challoner [2000] NSWCA 186

Croker v Ewen; Croker v Challoner [2000] NSWCA 186

A post office address does not meet the requirement for an address for service under Pt 9 r 6. No sufficient grounds of privacy or safety were demonstrated to dispense with the requirement. The appeal in the Challoner matter was out of time and without arguable merit, so extension of time was refused and the appeal struck out.

Jurisdiction
Australia
Judgment Date
20 July 2000
Procedural Posture
Appeal / Applications for Address for Service; Extension of Time to Appeal
Outcome
Applications regarding address for service dismissed with costs. In Challoner matter, extension of time to appeal refused, notice of appeal struck out, costs ordered against appellant.
Legal Topics
['address for Service' 'extension of Time to Appeal' 'costs']
['civil Procedure'] ['address for Service' 'extension of Time to Appeal' 'costs']

Case Brief

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Procedural Posture

Appeal / Applications for Address for Service; Extension of Time to Appeal

Legal Issues

  1. 1 ['Whether a post office address complies with Part 9 rule 6 as an address for service' 'Whether there should be dispensation from compliance with rule for reasons of privacy or safety' 'Whether extension of time to appeal should be granted despite being out of time']

Ratio Decidendi

A post office address does not meet the requirement for an address for service under Pt 9 r 6. No sufficient grounds of privacy or safety were demonstrated to dispense with the requirement. The appeal in the Challoner matter was out of time and without arguable merit, so extension of time was refused and the appeal struck out.

Court Disposition

Applications regarding address for service dismissed with costs. In Challoner matter, extension of time to appeal refused, notice of appeal struck out, costs ordered against appellant.

Orders

  • ['In matter 40736/99: Application concerning address for service dismissed with costs.' 'In matter 40798/99: Application concerning address for service dismissed with costs.' 'Extension of time to appeal refused.' 'Notice of appeal struck out.' "Mr Croker to pay Dr Challoner's costs."]