1999/23 - Ashbourne Marketing v Mosca and Yankee Exports [1999] UR 23 (4 February 1999)

1999/23 - Ashbourne Marketing v Mosca and Yankee Exports [1999] UR 23 (4 February 1999)

The order for substituted service was set aside because ordinary service in Maine was straightforward and should have been attempted; the Greffier Substitute's discretion was exercised on incorrect information.

Citation
[1999] UR 23
Parties
Plaintiff: Ashbourne Marketing Limited; First Defendant: Alfred G Mosca; Second Defendant: Yankee Exports Inc.
Jurisdiction
Jersey
Judgment Date
04 February 1999
Procedural Posture
Appeal / Post Interlocutory Order, Appeal Against Substituted Service Order
Outcome
Order for substituted service set aside; ordinary service by post to stand; leave granted for matter to be tabled out of time without penalty.
Legal Topics
Service of Process, Substituted Service, Personal Service, Court Discretion, Procedural Irregularity
Civil Procedure Service of Process Substituted Service Personal Service Court Discretion Procedural Irregularity

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Parties

Ashbourne Marketing Limited

Plaintiff

Alfred G Mosca

First Defendant

Yankee Exports Inc.

Second Defendant

Procedural Posture

Appeal / Post Interlocutory Order, Appeal Against Substituted Service Order

Legal Issues

  1. 1 Whether the Greffier Substitute was correct in granting an order for substituted service on the defendants
  2. 2 Whether substituted service should stand or be set aside in light of the ease of ordinary service in Maine

Ratio Decidendi

The order for substituted service was set aside because ordinary service in Maine was straightforward and should have been attempted; the Greffier Substitute's discretion was exercised on incorrect information.

Court Disposition

Order for substituted service set aside; ordinary service by post to stand; leave granted for matter to be tabled out of time without penalty.

Orders

  • Order for substituted service is set aside.
  • Order by post for service now stands.