Wardle v Crinitis Castle Hill Trading Pty Ltd [2020] NSWSC 894

Supreme Court New South Wales

Medium Neutral Citation: Wardle v Crinitis Castle Hill Trading Pty Ltd [2020] NSWSC 894 Hearing dates: 13 July 2020 Date of orders: 13 July 2020 Decision date: 13 July 2020 Jurisdiction: Common Law Before: Bellew J Decision: (1) Pursuant to r 10.14(3) of the Uniform Civil Procedure Rules 2005 (NSW), I direct that the summons filed in these proceedings on 29 June 2020, together with the affidavit of Matthew William Gradidge sworn 29 June 2020, be taken to have been served on the fifth defendant on 10 July 2020. (2) I stand the summons over for hearing before the Duty Judge on Monday 20 July 2020 at 10.00am. I direct the solicitor for the plaintiff to notify the fifth defendant of these orders, firstly by email to (xxx) and (xxx) and secondly, by way of text message to (xxx) by 4pm today. (3) I reserve the question of costs of the notice of motion. (4) I direct the solicitor for the plaintiff to provide to the Court, by 5pm on Thursday 16 July 2020, an outline of written submissions in support of the orders sought in the summons. Catchwords: PRACTICE AND PROCEDURE – Order for substituted service – No point of principle Legislation Cited: Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Chappell v Coyle (1985) 2 NSWLR 73 Porter v Freudenberg [1915] 1 KB 857 Category: Procedural and other rulings Parties: Rebecca Wardle – Plaintiff Crinitis Castle Hill Trading Pty Ltd – Defendant Representation: Counsel: M Gradidge – Plaintiff No appearance – Fifth Defendant