CASTAGNA and ANOR v CONCERIA PELL MEC SPA [1996] NSWCA 94

CASTAGNA and ANOR v CONCERIA PELL MEC SPA [1996] NSWCA 94

Fundamental and substantial irregularities in the evidence of service meant the order granting leave to proceed was erroneously made, and the appellate court is bound to correct the error on appeal.

Parties
Appellant: Dr Castagna; Respondent: Conceria Pell Mec SpA
Jurisdiction
Australia
Judgment Date
15 March 1996
Procedural Posture
Appeal / Appeal Decision
Outcome
Appeal allowed.
Legal Topics
Service of Process, Jurisdiction, Irregularity in Procedure, Appeal
Private International Law Practice and Procedure Service of Process Jurisdiction Irregularity in Procedure Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Dr Castagna

Appellant

Conceria Pell Mec SpA

Respondent

Procedural Posture

Appeal / Appeal Decision

Legal Issues

  1. 1 Whether proper service was effected on a defendant resident out of jurisdiction under SCR Pt10 r2
  2. 2 Whether the order granting leave to proceed was properly made given irregularities in notification of hearing date

Ratio Decidendi

Fundamental and substantial irregularities in the evidence of service meant the order granting leave to proceed was erroneously made, and the appellate court is bound to correct the error on appeal.

Court Disposition

Appeal allowed.

Orders

  • Appeal allowed.
  • Order granting leave to proceed be set aside.