Yu v Registrar-General of New South Wales [2010] NSWSC 353

Yu v Registrar-General of New South Wales [2010] NSWSC 353

The Court will not dispense with service of the originating process without substituted service under r 10.14 of the Uniform Civil Procedure Rules. Instead, it orders substituted service via publication, considering that there is no known address for the defendant, and specifying the method for bringing proceedings to the defendant's notice, to preserve the requirements for jurisdiction.

Parties
Plaintiff: Hengfeng Yu; 1st Defendant: Registrar-General of New South Wales; 2nd Defendant: Wun Cheung Chan; 3rd Defendant: Council of the Law Society of New South Wales
Jurisdiction
Australia
Judgment Date
15 April 2010
Procedural Posture
Equity Proceeding / Interlocutory Application for Substituted Service; Directions Given
Outcome
Order for substituted service under r 10.14 UCPR, with directions for advertisement in specified newspapers.
Legal Topics
Service of Originating Process, Substituted Service, Jurisdiction, Dispensing With Service
Practice and Procedure Equity Service of Originating Process Substituted Service Jurisdiction Dispensing With Service

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Parties

Hengfeng Yu

Plaintiff

Registrar-General of New South Wales

1st Defendant

Wun Cheung Chan

2nd Defendant

Council of the Law Society of New South Wales

3rd Defendant

Procedural Posture

Equity Proceeding / Interlocutory Application for Substituted Service; Directions Given

Legal Issues

  1. 1 Whether the court may dispense with service of originating process without substituted service under the Uniform Civil Procedure Rules
  2. 2 Requirements for making an order for substituted service under r 10.14 UCPR

Ratio Decidendi

The Court will not dispense with service of the originating process without substituted service under r 10.14 of the Uniform Civil Procedure Rules. Instead, it orders substituted service via publication, considering that there is no known address for the defendant, and specifying the method for bringing proceedings to the defendant's notice, to preserve the requirements for jurisdiction.

Court Disposition

Order for substituted service under r 10.14 UCPR, with directions for advertisement in specified newspapers.

Orders

  • Within 28 days, plaintiff to advertise in The Australian and South China Morning Post in Hong Kong notice of proceedings and details as specified in para 28 of judgment.
  • Proceedings returnable before the Court on 20 May 2010; if no appearance by Mr Chan, orders may be made in his absence.