Waverley Council v Bobolas (No 2) [2013] NSWLEC 130

On the evidence, personal service of the summons is impracticable, justifying an order for substituted service under Pt 10, r 10.14 of the Uniform Civil Procedure Rules 2005.

Jurisdiction: Australia
Judgment Date: 09 August 2013
Procedural Posture: Class 4 / Motion for Substituted Service
Outcome: Order for substituted service made; costs of the applicant's notice of motion reserved.
Legal Topics: ['substituted Service' 'service of Process']

['practice and Procedure'] ['substituted Service' 'service of Process']

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Procedural Posture

Class 4 / Motion for Substituted Service

Legal Issues

1 ['Whether service of the Summons on the respondents can practicably be effected personally as provided by law' 'Whether an order for substituted service pursuant to Pt 10, r 10.14 of the Uniform Civil Procedure Rules 2005 should be made']

Ratio Decidendi

On the evidence, personal service of the summons is impracticable, justifying an order for substituted service under Pt 10, r 10.14 of the Uniform Civil Procedure Rules 2005.

Court Disposition

Order for substituted service made; costs of the applicant's notice of motion reserved.

Orders

['Service of the Summons and related documents to be effected by affixing to the front gates and posting to 19 Boonara Avenue, Bondi NSW 2026.' 'Subsequent service of documents in the proceedings may be effected by post to the same address.' "Costs of the applicant's notice of motion filed on 19 July 2013 are...