Sarikaya, David v Victorian Workcover Authority [1997] FCA 1372

Sarikaya, David v Victorian Workcover Authority [1997] FCA 1372

A post office box is not the address of a place at which a document may be left for a person within the meaning of O 7 r 6(1) of the Federal Court Rules; accordingly, a post office box does not comply as an address for service.

Parties
Appellant: David Sarikaya; Respondent: Victorian Workcover Authority
Jurisdiction
Australia
Judgment Date
08 December 1997
Procedural Posture
Appeal / Interlocutory Application Regarding Address for Service
Outcome
Appellant ordered to provide a compliant address for service; appeal to be listed once compliant address provided; liberty to apply reserved; no order as to costs.
Legal Topics
Address for Service, Federal Court Rules, Service of Documents
Practice and Procedure Address for Service Federal Court Rules Service of Documents

Case Brief

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Parties

David Sarikaya

Appellant

Victorian Workcover Authority

Respondent

Procedural Posture

Appeal / Interlocutory Application Regarding Address for Service

Legal Issues

  1. 1 Whether a post office box can be an address for service under O 7 r 6(1) of the Federal Court Rules.

Ratio Decidendi

A post office box is not the address of a place at which a document may be left for a person within the meaning of O 7 r 6(1) of the Federal Court Rules; accordingly, a post office box does not comply as an address for service.

Court Disposition

Appellant ordered to provide a compliant address for service; appeal to be listed once compliant address provided; liberty to apply reserved; no order as to costs.

Orders

  • The appellant file and serve within 7 days a notice showing an address for service in compliance with O 7 r 6(2) of the Federal Court Rules.
  • The appeal be listed for hearing during the sittings of a Full Court in Melbourne to be held in March 1998 on a date to be notified by the Victorian District Registrar.