Mothership Music Pty Ltd v Darren Ayre (trading as VIP Entertainment & Concepts Pty Ltd) and Flo Rida (also known as Tramar Dillar) [2012] NSWDC 42

Mothership Music Pty Ltd v Darren Ayre (trading as VIP Entertainment & Concepts Pty Ltd) and Flo Rida (also known as Tramar Dillar) [2012] NSWDC 42

Because the plaintiff had commenced proceedings, obtained freezing orders, made numerous unsuccessful attempts to serve the second defendant personally, and identified email and Facebook methods likely to bring the proceedings and orders to his attention, it was appropriate to continue the existing orders and order substituted service by email and Facebook.

Jurisdiction
Australia
Judgment Date
18 April 2012
Procedural Posture
Civil Proceedings Seeking Damages for Breach of Contract / Notice of Motion for Continuation of Freezing Orders and Substituted Service
Outcome
Application granted; freezing order extended, substituted service ordered, and costs reserved.
Legal Topics
['substituted Service' 'service by Facebook' 'service by Email' 'freezing Orders' 'breach of Contract']
['civil Procedure' 'contract Law'] ['substituted Service' 'service by Facebook' 'service by Email' 'freezing Orders' 'breach of Contract']

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Procedural Posture

Civil Proceedings Seeking Damages for Breach of Contract / Notice of Motion for Continuation of Freezing Orders and Substituted Service

Legal Issues

  1. 1 ['Whether the freezing orders made on 13 April 2012 should be continued and extended until disposal of the proceedings or further order.' 'Whether substituted service on the second defendant should be ordered by email and by message to his Facebook page after attempts at personal service failed and he apparently left the jurisdiction.']

Ratio Decidendi

Because the plaintiff had commenced proceedings, obtained freezing orders, made numerous unsuccessful attempts to serve the second defendant personally, and identified email and Facebook methods likely to bring the proceedings and orders to his attention, it was appropriate to continue the existing orders and order substituted service by email and Facebook.

Court Disposition

Application granted; freezing order extended, substituted service ordered, and costs reserved.

Orders

  • ["Grant leave to file in court an affidavit of Brent Remington Lean sworn 16 April 2012 and the affidavit of the process server, Mr Kryran O'Dwyer, sworn 16 April 2012." 'Note the defendants called outside Court 13D, John Maddison Tower, District Court of New South Wales, three times at 2.13pm - no response.' 'The...