GRC Project Pty Ltd t/as GRC Property Management & Anor v Lai [2022] NSWDC 514

GRC Project Pty Ltd t/as GRC Property Management & Anor v Lai [2022] NSWDC 514

The evidence showed that the defendant was likely in Sydney, living at the Strathfield residence, aware that the first plaintiff was trying to serve the Statement of Claim, falsely said she was in Brisbane, and used locked gates and non-response to the intercom to evade service. Personal service at that address could not practicably be effected. Because the proposed email address had been used recently and successfully by the plaintiffs' solicitor, the second plaintiff and Mr Ng, emailing the documents to that address would probably bring them to the defendant's attention, justifying substituted service under r 10.14 of the UCPR.

Jurisdiction
Australia
Judgment Date
27 October 2022
Procedural Posture
Civil Proceeding in the Defamation List Claiming Damages for Defamation, Alternatively Damages or Compensation Under the Australian Consumer Law / Interlocutory Application for Orders Dispensing With Personal Service and for Substituted or Informal Service
Outcome
Application granted; personal service dispensed with and substituted service by email ordered, with costs reserved.
Legal Topics
['substituted Service' 'personal Service' 'service by Email' 'originating Process']
['civil Procedure' 'defamation' 'australian Consumer Law'] ['substituted Service' 'personal Service' 'service by Email' 'originating Process']

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Procedural Posture

Civil Proceeding in the Defamation List Claiming Damages for Defamation, Alternatively Damages or Compensation Under the Australian Consumer Law / Interlocutory Application for Orders Dispensing With Personal Service and for Substituted or Informal Service

Legal Issues

  1. 1 ['Whether the defendant could practicably be personally served at the Strathfield residence.' "Whether service of the Amended Statement of Claim by email to the defendant's email address would, in all probability if not certainty, bring the court process to her attention." 'Whether orders should be made dispensing with personal service and directing substituted service under r 10.14 of the Uniform Civil Procedure Rules 2005 (NSW).']

Ratio Decidendi

The evidence showed that the defendant was likely in Sydney, living at the Strathfield residence, aware that the first plaintiff was trying to serve the Statement of Claim, falsely said she was in Brisbane, and used locked gates and non-response to the intercom to evade service. Personal service at that address could not practicably be effected. Because the proposed email address had been used recently and successfully by the plaintiffs' solicitor, the second plaintiff and Mr Ng, emailing the documents to that address would probably bring them to the defendant's attention, justifying substituted service under r 10.14 of the UCPR.

Court Disposition

Application granted; personal service dispensed with and substituted service by email ordered, with costs reserved.

Orders

  • ['The requirement for personal service be dispensed with.' "Pursuant to r 10.14(1) of the UCPR, instead of personal service, the Amended Statement of Claim together with a sealed copy of these orders are to be brought to the defendant's notice by emailing them to burwood2010@hotmail.com by 5pm, 27 October 2022."...