McKENZIE v VILLATA [1995] NSWCA 284
Service by ordinary post at an address nominated by a former solicitor is not sufficient service of a notice of motion affecting the appeal under the procedural rules.
- Parties
- Applicant: McKenzie; Respondent: Villata
- Jurisdiction
- Australia
- Judgment Date
- 27 February 1995
- Procedural Posture
- Appeal / Interlocutory
- Outcome
- proceeding stood over
- Legal Topics
- Service of Documents, Notice of Motion, Striking Out Appeal
Case Brief
Summary, issues, holding and outcome
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Parties
McKenzie
Applicant
Villata
Respondent
Procedural Posture
Appeal / Interlocutory
Legal Issues
- 1 Whether service of a notice of motion to strike out the appeal at an address nominated by a former solicitor is proper under the rules
Ratio Decidendi
Service by ordinary post at an address nominated by a former solicitor is not sufficient service of a notice of motion affecting the appeal under the procedural rules.
Court Disposition
proceeding stood over
Orders
- Proceeding stood over for two weeks
- Costs of today reserved
Full Case Text
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