Thevar v Maharaj [2021] NSWSC 993

Thevar v Maharaj [2021] NSWSC 993

Because lengthy attempts had been made to locate and serve the defendant, including in South Africa and by other searches, and the defendant's current whereabouts remained uncertain, service could not practicably be effected in the requisite manner. The Court therefore exercised power under r 10.14 to direct publication of notices in specified newspapers and to deem service after expiry of 28 days from publication.

Jurisdiction
Australia
Judgment Date
02 August 2021
Procedural Posture
Application by Notice of Motion for Substituted Service / Procedural Ruling on Amended Notice of Motion
Outcome
Orders made for substituted service and deemed service; matter listed for directions.
Legal Topics
['substituted Service' 'deemed or Informal Service' 'service Outside Australia' 'freezing Orders']
['civil Procedure'] ['substituted Service' 'deemed or Informal Service' 'service Outside Australia' 'freezing Orders']

Case Brief

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Procedural Posture

Application by Notice of Motion for Substituted Service / Procedural Ruling on Amended Notice of Motion

Legal Issues

  1. 1 ['Whether service on the defendant could practicably be effected by ordinary means' "Whether directions should be made under r 10.14(1) of the Uniform Civil Procedure Rules 2005 (NSW) for steps to bring the proceedings to the defendant's attention" 'Whether the summons and related documents should be deemed served after publication of notices in newspapers']

Ratio Decidendi

Because lengthy attempts had been made to locate and serve the defendant, including in South Africa and by other searches, and the defendant's current whereabouts remained uncertain, service could not practicably be effected in the requisite manner. The Court therefore exercised power under r 10.14 to direct publication of notices in specified newspapers and to deem service after expiry of 28 days from publication.

Court Disposition

Orders made for substituted service and deemed service; matter listed for directions.

Orders

  • ['Instead of service, steps are to be taken to bring the proceedings to the attention of the defendant by publication of notices in The Australian newspaper, The Daily Sun in the Republic of South Africa and The New York Times.' 'The notices should include notice that if no appearance is entered by the defendant in...