Independent Liquor & Gaming Authority v Melco Resorts & Entertainment Limited [2022] NSWSC 294

Independent Liquor & Gaming Authority v Melco Resorts & Entertainment Limited [2022] NSWSC 294

Despite technical non-compliance with strict service requirements, the proceedings were sufficiently brought to the attention of the defendants; exceptional circumstances warranted dispensing with or deeming service as effective under UCPR r 10.14(3) and r 2.1, given the purposes of service and procedural fairness were achieved.

Jurisdiction
Australia
Judgment Date
18 March 2022
Procedural Posture
Civil (equity Commercial List) / Procedural Application Regarding Service of Originating Process
Outcome
Defendants' motion dismissed; orders made deeming and dispensing with service as set out.
Legal Topics
['service of Process' 'hague Convention' 'dispensing With Service Requirements']
['civil Procedure'] ['service of Process' 'hague Convention' 'dispensing With Service Requirements']

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Procedural Posture

Civil (equity Commercial List) / Procedural Application Regarding Service of Originating Process

Legal Issues

  1. 1 ['Whether originating process was duly served on defendants in accordance with Uniform Civil Procedure Rules 2005 (NSW) r 11.8AC and the Hague Convention' 'Whether the Court should make an order under UCPR r 10.14(3) confirming service or dispense with the requirements of rules relating to service under UCPR r 2.1']

Ratio Decidendi

Despite technical non-compliance with strict service requirements, the proceedings were sufficiently brought to the attention of the defendants; exceptional circumstances warranted dispensing with or deeming service as effective under UCPR r 10.14(3) and r 2.1, given the purposes of service and procedural fairness were achieved.

Court Disposition

Defendants' motion dismissed; orders made deeming and dispensing with service as set out.

Orders

  • ['Order that the summons and commercial list statement be taken to have been served on the first defendant on 24 December 2021' 'Order that the requirements of UCPR r 11.8AC be dispensed with in relation to service on the second and sixth defendants' 'Order that the summons and commercial list statement be taken to...