Abbott v Clark [2006] NSWSC 111

Abbott v Clark [2006] NSWSC 111

Given the comprehensive yet unsuccessful attempts to locate the defendant and notify him of the proceedings, applying the well-settled legal principles, the requirements for dispensation with service have been met and the order is appropriate.

Jurisdiction
Australia
Judgment Date
13 February 2006
Procedural Posture
Equity Application / Application to Dispense With Service of Originating Process
Outcome
Order granted. Service of summons on defendant dispensed with.
Legal Topics
['dispensation With Service' 'supreme Court Procedure' 'substituted Service']
['civil Procedure'] ['dispensation With Service' 'supreme Court Procedure' 'substituted Service']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Equity Application / Application to Dispense With Service of Originating Process

Legal Issues

  1. 1 ['Whether the Court should dispense with service of the originating process on the defendant']

Ratio Decidendi

Given the comprehensive yet unsuccessful attempts to locate the defendant and notify him of the proceedings, applying the well-settled legal principles, the requirements for dispensation with service have been met and the order is appropriate.

Court Disposition

Order granted. Service of summons on defendant dispensed with.

Orders

  • ['Service of the summons in these proceedings on the defendant is dispensed with.']