Unilan Trelew SA v Apolloy Australia Pty Ltd & Anor [1997] FCA 123

Summary judgment was refused as the second respondent was not properly served outside the jurisdiction and the first respondent was not given notice of the adjourned hearing date.

Jurisdiction: Australia
Judgment Date: 30 January 1997
Procedural Posture: Summary Judgment Application / Motion Decision
Outcome: Motion for summary judgment refused.
Legal Topics: ['service of Process' 'summary Judgment' 'notice of Hearing' 'jurisdiction']

['civil Procedure'] ['service of Process' 'summary Judgment' 'notice of Hearing' 'jurisdiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Summary Judgment Application / Motion Decision

Legal Issues

1 ['Was valid service effected on the second respondent outside the jurisdiction?' 'Was proper notice of the adjourned hearing given to the first respondent?' 'Is summary judgment appropriate in the absence of appearance and proper service?']

Ratio Decidendi

Summary judgment was refused as the second respondent was not properly served outside the jurisdiction and the first respondent was not given notice of the adjourned hearing date.

Court Disposition

Motion for summary judgment refused.

Orders

['Summary judgment is refused.']