Filipowski v Frey [2005] NSWLEC 166

Filipowski v Frey [2005] NSWLEC 166

The defendant, by previously authorising a solicitor to accept service, had submitted to the jurisdiction when proceedings were commenced; the later revocation of authority, inferred to avoid service upon becoming aware proceedings had started, does not preclude an order for deemed service. Sufficient steps to bring the documents to the defendant's attention were taken, making an order under Pt 8 r 8 appropriate.

Jurisdiction
Australia
Judgment Date
14 April 2005
Procedural Posture
Environmental Offence Class Five / Motion for Substituted or Deemed Service
Outcome
Order for deemed service; prosecutor to bring in short minutes of order for further directions
Legal Topics
['service of Process' 'jurisdiction' 'substituted Service' 'revocation of Authority to Accept Service']
['environmental Law' 'civil Procedure'] ['service of Process' 'jurisdiction' 'substituted Service' 'revocation of Authority to Accept Service']

Case Brief

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Procedural Posture

Environmental Offence Class Five / Motion for Substituted or Deemed Service

Legal Issues

  1. 1 ['Whether an order for substituted or deemed service can be made when the defendant is outside the jurisdiction' 'Whether the authority given to a solicitor to accept service brings the defendant within the jurisdiction of the Court' 'Whether, on the facts, the order for substituted or deemed service should be made']

Ratio Decidendi

The defendant, by previously authorising a solicitor to accept service, had submitted to the jurisdiction when proceedings were commenced; the later revocation of authority, inferred to avoid service upon becoming aware proceedings had started, does not preclude an order for deemed service. Sufficient steps to bring the documents to the defendant's attention were taken, making an order under Pt 8 r 8 appropriate.

Court Disposition

Order for deemed service; prosecutor to bring in short minutes of order for further directions

Orders

  • ['Order pursuant to Pt 8 r 8 of the Land and Environment Court Rules that the documents be taken to have been served.' 'Prosecutor to bring in short minutes of order, including directions as to the future conduct of proceedings.']