Moses v Ratner [2021] NSWSC 185

Supreme Court New South Wales

Medium Neutral Citation: Moses v Ratner [2021] NSWSC 185 Hearing dates: 3 March 2021 Date of orders: 12 March 2021 Decision date: 12 March 2021 Jurisdiction: Common Law Before: Davies J Decision: (1) The Notice to Admit Facts dated 20 October 2020 is set aside. (2) The plaintiff is to pay the defendants' costs of the notice of motion. (3) The proceedings are removed from the Possession List. (4) The defendants' notice of motion filed 2 March 2021 and the proceedings generally are stood into the Registrar's list on 19 March 2021. Catchwords: CIVIL PROCEDURE – service – deemed or informal service – electronic service - course of correspondence between parties by email to solicitors – Notice to Admit Facts sent by email with 14 days to reply – where solicitor for defendant was unaware of email until after 14 day period – application to set aside – whether consent given to serve court documents by email – where no actual or inferred consent given – where parts of Notice to Admit Facts otherwise amounts to an abuse of process – Notice to Admit Facts set aside Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256; [2006] HCA 27 Coopers Brewery Ltd v Panfida Foods Ltd (1992) 26 NSWLR 738 Edwards v The State of New South Wales [2017] NSWSC 459 Gerard Michael McGuirk v The University of New South Wales [2009] NSWSC 253 In the matter of Australasian Barrister Chambers Pty Limited [2020] NSWSC 304 In the matter of Boss Constructions (NSW) Pty Ltd [2019] NSWSC 543 In the matter of Outix Corporation Pty Limited [2019] NSWSC 1716 Parkesbourne Mummel Landscape Guardians Inc v Minister for Planning [2009] NSWLEC 101 Rogers v The Queen (1994) 181 CLR 251; [1994] HCA 42 Rossi v Living Choice Australia Limited t/as Living Choice (No 2) [2012] NSWLEC 144 Savage v Australian Unity Funds Management Ltd [2011] NSWCA 270 Woodgate v Garard Pty Ltd [2010] NSWSC 508 Texts Cited: Nil Category: Procedural rulings Parties: Michael Isaac Moses (Plaintiff) Gabriella Ratner (First Defendant) John Ratner (Second Defendant) Representation: Counsel: A M Gruzman (Plaintiff) M Fozzard (Defendants)