Fairfield City Council v Shabaa [2024] NSWLEC 134

Fairfield City Council v Shabaa [2024] NSWLEC 134

Reasonable attempts to serve by personal service were unsuccessful owing to the respondent's absence and property status; email communication evidenced likely notice. Therefore, substituted service via affixing documents and emailing is justified and ordered.

Parties
Applicant: Fairfield City Council; First Respondent: Retha Shabaa; Second Respondent: Haider Al Dhalimi
Jurisdiction
Australia
Judgment Date
05 December 2024
Procedural Posture
Class 4 Land and Environment Court Proceedings / Motion for Substituted Service
Outcome
Motion for substituted service granted as amended (first respondent only).
Legal Topics
Substituted Service, Service of Documents, Civil Procedure
Practice and Procedure Substituted Service Service of Documents Civil Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Fairfield City Council

Applicant

Retha Shabaa

First Respondent

Haider Al Dhalimi

Second Respondent

Procedural Posture

Class 4 Land and Environment Court Proceedings / Motion for Substituted Service

Legal Issues

  1. 1 Whether the preconditions for substituted service under r 10.14 of the Uniform Civil Procedure Rules 2005 are met for the first respondent
  2. 2 Whether the court should exercise its discretion to order substituted service in the circumstances

Ratio Decidendi

Reasonable attempts to serve by personal service were unsuccessful owing to the respondent's absence and property status; email communication evidenced likely notice. Therefore, substituted service via affixing documents and emailing is justified and ordered.

Court Disposition

Motion for substituted service granted as amended (first respondent only).

Orders

  • Leave granted to amend notice of motion.
  • Service of amended notice of motion dispensed with under r 18.2(c).