GRC Project Pty Ltd t/as GRC Property Management & Anor v Lai [2022] NSWDC 514

District Court New South Wales

Medium Neutral Citation: GRC Project Pty Ltd t/as GRC Property Management & Anor v Lai [2022] NSWDC 514 Hearing dates: 27 October 2022 Date of orders: 27 October 2022 Decision date: 27 October 2022 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 28 Catchwords: CIVIL PROCEDURE – proceeding commenced in Defamation List – application for substituted service Legislation Cited: Australian Consumer Law ss 18, 236, 237 Uniform Civil Procedure Rules 2005 (NSW) rr 10.14, 19.1 Cases Cited: Wardle v Crinitis Castle Hill Trading Pty Ltd [2020] NSWSC 894 Texts Cited: Ritchie's Uniform Civil Procedure (NSW) Category: Procedural rulings Parties: GRC Project Pty Ltd t/as GRC Property Management (first plaintiff) C Ng (second plaintiff) Ms Y Lai (defendant) Representation: Counsel:

Mr D Helvadjian for the plaintiffs File Number(s): 2022/00303825 Publication restriction: Nil

REASONS fOR Judgment

Background 1. On 12 October 2022, the first plaintiff, a corporation which claims to employ fewer than 10 persons, and the second plaintiff, commenced a proceeding in this Court's Defamation List. The second plaintiff is identified as the sole director and principal employee of the first plaintiff. The nature of the business is the provision of strata management services. 2. The plaintiffs claim damages for defamation relating to 8 'matters complained of' which were allegedly made by the defendant in the period between 8 December 2021 and 16 May 2022. Alternatively the plaintiffs seek orders for damages or compensation under ss 236 and/or 237 of the Australian Consumer Law (ACL) for conduct by the defendant alleged to contravene the prohibition in s 18 of the ACL. 3. On 24 October 2022, relying upon r 19.1 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR), the plaintiff filed an Amended Statement of Claim. The amendments to the original iteration of the pleading appeared to be limited only to the assertion of factual matter relevant to the claim of aggravated damages (in the defamation suit) and the inclusion and annexing of the 'concerns notice'. 4. The plaintiffs' (amended) pleading describes the defendant, relevantly, as a resident of New South Wales (NSW); who also carries on business in NSW; was a client of the first plaintiff for a period of about 12 months; who owned real estate assets and was introduced to the second plaintiff for the provision (by the first plaintiff) of strata management services. 5. So far, the plaintiffs have not been able to serve the defendant with originating process. 6. The matter is returnable before the Court for directions in the Defamation List on 10 November 2022. 7. The plaintiffs, who I may henceforth also refer to as the applicants, now seek orders to dispense with personal service and orders for substituted or informal service. They did so, informally, by email correspondence emailed to my Associate under the influence of paragraph 14 of the Court's Defamation List Practice Note, which indicates that it is unnecessary for notices of motion to be filed for interlocutory applications. 8. The applicants asked for these orders to be made in Chambers. I directed however that the application, and argument, be made in open court.