Smirski v Macander [2010] NSWSC 929

Smirski v Macander [2010] NSWSC 929

The Court was not satisfied that effective service of the Statement of Claim had occurred, either personally or in accordance with orders for substituted service; nor that circumstances justified proceeding ex parte. Orders for substituted service (with the correct address) were made, leave was granted to amend the Statement of Claim, and the matter was stood over.

Jurisdiction
Australia
Judgment Date
19 August 2010
Procedural Posture
Civil / Interlocutory (orders for Substituted Service and Leave to Amend Statement of Claim)
Outcome
Interlocutory orders made: leave to amend Statement of Claim, fresh orders for substituted service; proceedings stood over; no order as to costs of today's proceedings.
Legal Topics
['substituted Service' 'default Judgment' 'proof of Service' 'property Relationships' 'ex Parte Hearings']
['property Law' 'civil Procedure'] ['substituted Service' 'default Judgment' 'proof of Service' 'property Relationships' 'ex Parte Hearings']

Case Brief

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Procedural Posture

Civil / Interlocutory (orders for Substituted Service and Leave to Amend Statement of Claim)

Legal Issues

  1. 1 ['Whether the Statement of Claim was properly served on the Defendant' 'Whether orders for substituted service should be granted' 'Whether the matter should proceed ex parte' 'Requirements for proof of service by post']

Ratio Decidendi

The Court was not satisfied that effective service of the Statement of Claim had occurred, either personally or in accordance with orders for substituted service; nor that circumstances justified proceeding ex parte. Orders for substituted service (with the correct address) were made, leave was granted to amend the Statement of Claim, and the matter was stood over.

Court Disposition

Interlocutory orders made: leave to amend Statement of Claim, fresh orders for substituted service; proceedings stood over; no order as to costs of today's proceedings.

Orders

  • ['Leave granted to Plaintiff to amend Statement of Claim on or before 2 September 2010' 'Orders for substituted service as sought by Plaintiff made' "Proceedings stood over to the Registrar's List at 9:00 a.m. on 14 October 2010" "No order as to Plaintiff's costs of the proceedings today"]