Burkitt v Ultimate Car Rentals Australia Pty Ltd [2017] NSWDC 445

Burkitt v Ultimate Car Rentals Australia Pty Ltd [2017] NSWDC 445

The Court held that an affidavit by the applicant’s solicitor was insufficient to satisfy the requirements of Uniform Civil Procedure Rules 2005, r 10.14(3A); the affidavit must be from someone able to speak personally to the applicant’s knowledge.

Parties
Plaintiff: Miles Burkitt; First Defendant: Ultimate Car Rentals Australia Pty Ltd; Second Defendant: Fotis Zervas; Third Defendant: Michael Amro
Jurisdiction
Australia
Judgment Date
31 January 2017
Procedural Posture
Civil / Interlocutory Application for Adjournment and Substituted Service
Outcome
Application for adjournment granted; substituted service application stood over; costs reserved.
Legal Topics
Substituted Service, Affidavit Requirements
Civil Procedure Substituted Service Affidavit Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

Miles Burkitt

Plaintiff

Ultimate Car Rentals Australia Pty Ltd

First Defendant

Fotis Zervas

Second Defendant

Michael Amro

Third Defendant

Procedural Posture

Civil / Interlocutory Application for Adjournment and Substituted Service

Legal Issues

  1. 1 Whether Uniform Civil Procedure Rules 2005, r 10.14(3A) requires an affidavit by the applicant for substituted service
  2. 2 Whether an affidavit by the applicant’s solicitor satisfies the requirements of r 10.14(3A)

Ratio Decidendi

The Court held that an affidavit by the applicant’s solicitor was insufficient to satisfy the requirements of Uniform Civil Procedure Rules 2005, r 10.14(3A); the affidavit must be from someone able to speak personally to the applicant’s knowledge.

Court Disposition

Application for adjournment granted; substituted service application stood over; costs reserved.

Orders

  • Plaintiff's application for an adjournment granted.
  • Stand over the plaintiff's notice of motion filed 22 December 16 for further hearing on Thursday, 2 February 2017 at 2pm part heard before P Taylor SC DCJ.