Syndicate Mortgage Solutions Pty Ltd v Khaled El-Sayed & ors [2009] NSWSC 207

Syndicate Mortgage Solutions Pty Ltd v Khaled El-Sayed & ors [2009] NSWSC 207

Evidence did not sufficiently establish either the impracticability of service in accordance with the rules or the likelihood of the proposed method of substituted service to bring proceedings to the notice of Mr Mouhajar; therefore, the order for substituted service could not be granted.

Parties
Plaintiff/first Cross Defendant: Syndicate Mortgage Solutions Pty Ltd; First Defendant/first Cross Claimant: Khaled El-Sayed; Second Defendant/second Cross Claimant: Khayrieh El-Sayed; Third Defendant: National Australia Bank Limited; Fourth Defendant: Perpetual Trustees Victoria Limited; Second Cross Defendant: Haysam Mouhajar; Third Cross Defendant: Raymond Mawad; Fourth Cross Defendant: Registrar General of NSW
Jurisdiction
Australia
Judgment Date
27 March 2009
Procedural Posture
Motion / Notice of Motion for Substituted Service
Outcome
notice of motion dismissed
Legal Topics
Service of Process, Substituted Service
Civil Procedure Service of Process Substituted Service

Case Brief

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Parties

Syndicate Mortgage Solutions Pty Ltd

Plaintiff/first Cross Defendant

Khaled El-Sayed

First Defendant/first Cross Claimant

Khayrieh El-Sayed

Second Defendant/second Cross Claimant

National Australia Bank Limited

Third Defendant

Perpetual Trustees Victoria Limited

Fourth Defendant

Haysam Mouhajar

Second Cross Defendant

Raymond Mawad

Third Cross Defendant

Registrar General of NSW

Fourth Cross Defendant

Procedural Posture

Motion / Notice of Motion for Substituted Service

Legal Issues

  1. 1 whether impracticability of current method of service established
  2. 2 whether method of substituted service proposed is reasonably likely to bring proceedings to defendant's notice

Ratio Decidendi

Evidence did not sufficiently establish either the impracticability of service in accordance with the rules or the likelihood of the proposed method of substituted service to bring proceedings to the notice of Mr Mouhajar; therefore, the order for substituted service could not be granted.

Court Disposition

notice of motion dismissed

Orders

  • notice of motion for substituted service filed 16 February 2009 dismissed