Graves v West [2013] NSWSC 641

Graves v West [2013] NSWSC 641

As the Defendant failed to traverse the allegations of assault in the Statement of Claim, they are taken as admitted (r 14.26). There is no defence to liability; therefore, summary judgment should be entered for the Plaintiff with damages to be assessed (r 13.1). Substituted service is appropriate via email and LinkedIn as this is the only practical means to effect service since the Defendant left the jurisdiction (r 10.14).

Jurisdiction
Australia
Judgment Date
24 May 2013
Procedural Posture
Interlocutory Applications / Summary Judgment and Substituted Service Motions
Outcome
Judgment for the Plaintiff with damages to be assessed; orders for substituted service; costs awarded to Plaintiff.
Legal Topics
['summary Judgment' 'substituted Service' 'assault' 'damages' 'costs']
['common Law' 'civil Procedure'] ['summary Judgment' 'substituted Service' 'assault' 'damages' 'costs']

Case Brief

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Procedural Posture

Interlocutory Applications / Summary Judgment and Substituted Service Motions

Legal Issues

  1. 1 ['Whether summary judgment should be entered where liability is not traversed in defence' 'Whether substituted service is appropriate where the Defendant cannot be located']

Ratio Decidendi

As the Defendant failed to traverse the allegations of assault in the Statement of Claim, they are taken as admitted (r 14.26). There is no defence to liability; therefore, summary judgment should be entered for the Plaintiff with damages to be assessed (r 13.1). Substituted service is appropriate via email and LinkedIn as this is the only practical means to effect service since the Defendant left the jurisdiction (r 10.14).

Court Disposition

Judgment for the Plaintiff with damages to be assessed; orders for substituted service; costs awarded to Plaintiff.

Orders

  • ['Judgment for the Plaintiff with damages to be assessed.' "Upon filing of a Notice of Ceasing to Act by the Defendant's solicitor, service to be effected via email to etwewest@hotmail.co.uk or LinkedIn In-Mail as specified." "A copy of this order to be served on the Defendant and the Defendant's solicitor within 7...