Independent Liquor & Gaming Authority v Melco Resorts & Entertainment Limited [2022] NSWSC 294

Supreme Court New South Wales

Medium Neutral Citation: Independent Liquor & Gaming Authority v Melco Resorts & Entertainment Limited [2022] NSWSC 294 Hearing dates: 10 March 2022 Decision date: 18 March 2022 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Order that the summons and commercial list statement be taken to have been served on the first defendant on 24 December 2021; (2) Order that the requirements of UCPR r 11.8AC be dispensed with in relation to service of the summons and commercial list statement on the second defendant and sixth defendant; (3) Order that the summons and commercial list statement be taken to have been served on the second defendant and sixth defendant on 3 February 2022; (4) Otherwise, dismiss the notice of motion filed on 3 February 2022; (5) Order that the costs of the notice of motion filed on 3 February 2022 be the plaintiff's costs in the cause; (6) Stand the matter over for directions on 25 March 2022. Catchwords: CIVIL PROCEDURE — Service outside Australia — Hague Convention — Originating process — Whether service was effected in circumstances where the defendant had recently changed its address — Whether the Court should make an order under UCPR r 10.14(3) confirming service or under UCPR r 2.1 dispensing with the requirements of the rules relating to service where the defendants were aware of the proceedings Legislation Cited: Casino Control Act 1992 (NSW) Civil Procedure Act 2005 (NSW) Companies Ordinance (Cap 622) (Hong Kong) Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters Rules of the High Court (Cap 4) (Hong Kong) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Securities & Investments Commission v Sweeney (No 2) [2001] NSWSC 477; 38 ACSR 743 Blatch v Archer (1774) 1 Cowp 63; 98 ER 969 Goldteam Group Limited v Qin Hui [2021] HKCFI 2422 Ho v Powell (2001) 51 NSWLR 572; [2001] NSWCA 168 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Procedural rulings Parties: Independent Liquor & Gaming Authority (Plaintiff) Melco Resorts & Entertainment Limited (First Defendant) Lawrence Ho (Second Defendant) Geoff Davis (Third Defendant) Stephanie Cheung (Fourth Defendant) Akiko Takahashi (Fifth Defendant) Evan Winkler (Sixth Defendant) Clarence Chung (Seventh Defendant) Representation: Counsel: SW Aspinall (Plaintiff) J Stoljar SC with M Parker