NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Big Un Limited (in liq) & Anor v Evertz & Ors [2022] NSWSC 546 Hearing dates: 29 April and 3 May 2022 Date of orders: 29 April and 3 May 2022 Decision date: 03 May 2022 Jurisdiction: Equity - Duty List Before: Henry J Decision: Orders made that time for service of Amended Statement of Claim be extended to 29 July 2022 and for substituted service in relation to the first defendant. Catchwords: CIVIL PROCEDURE – time for service of originating process – application for extension of time – whether good reason to grant extension – extension granted CIVIL PROCEDURE – substituted service – where numerous attempts to serve first defendant – documents to be brought to attention of first defendant by service on various addresses and notification by text and LinkedIn account Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 1.12, 6.24, 10.14 Cases Cited: Smith v Shilkin (No 2) [2019] NSWSC 969 Thevar v Maharaj [2021] NSWSC 993 Wardle v Crinitis Castle Hill Trading Pty Ltd [2020] NSWSC 894 Category: Procedural rulings Parties: Big Un Limited (in liquidation) (First Plaintiff) Neil Robert Cussen in his capacity as liquidator of Big Un Limited (in liquidation) (Second Plaintiff)
Brandon Charles Evertz (First Defendant) Richard Evertz (Second Defendant) Sonia Thurston (Third Defendant) Andrew Scott Corner (Fourth Defendant) Representation: Counsel: A Byrne (Plaintiffs)
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