Ferrier v Australian Broadcasting Corporation [2015] NSWSC 989

Ferrier v Australian Broadcasting Corporation [2015] NSWSC 989

The plaintiff failed to provide evidence or a convincing explanation that the statement of claim was served, therefore service was set aside.

Jurisdiction
Australia
Judgment Date
22 May 2015
Procedural Posture
Civil / Interlocutory Application
Outcome
Service of the statement of claim filed 26 September 2014 set aside.
Legal Topics
['service of Statement of Claim' 'setting Aside Service']
['civil Procedure'] ['service of Statement of Claim' 'setting Aside Service']

Case Brief

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Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 ['Whether the statement of claim was properly served on the defendant' 'Whether service of the statement of claim should be set aside under r 12.11(1)(b) of the Uniform Civil Procedure Rules 2005 (NSW)']

Ratio Decidendi

The plaintiff failed to provide evidence or a convincing explanation that the statement of claim was served, therefore service was set aside.

Court Disposition

Service of the statement of claim filed 26 September 2014 set aside.

Orders

  • ['Orders 1, 2 and 3 in the notice of motion filed 24 April 2015 granted.']