Transport for New South Wales v Pursuant to Uniform Civil Procedure Rules r 6.1A [2023] NSWSC 1137

Supreme Court New South Wales

Medium Neutral Citation: Transport for New South Wales v Pursuant to Uniform Civil Procedure Rules r 6.1A [2023] NSWSC 1137 Hearing dates: 13 September 2023 Date of orders: 13 September 2023 Decision date: 13 September 2023 Jurisdiction: Common Law Before: Walton J Decision: (1) Dispense with any provision in the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) that would prevent judgment being given in favour of the plaintiff where no defendant is named in the proceeding. (2) Pursuant to r 10.14(1) of the UCPR, personal service of the statement of claim filed in the proceeding (Statement of Claim) be dispensed with. (3) Pursuant to rr 10.14(1) and 10.15(2) of the UCPR, the Statement of Claim be served as follows: (a) by leaving a copy at the front of the dwelling of Lot 12 in DP 1013485 as depicted at Annexure B to the Statement of Claim; (b) by leaving a copy on any motor vehicles standing on Lot 12 in DP 1013485 which are not owned by the plaintiff, or owned by an invitee of the plaintiff; (c) by affixing a copy to a tree or post or fence or gate on a conspicuous part of Lot 12 in DP 1013485; and (d) by leaving with the Statement of Claim a notice to the occupiers to the effect that: (i) the occupier may apply to the court for an order that the occupier be added as a defendant; and (ii) if the occupier does not apply to be added as a defendant within 10 days after service, the occupier may be evicted under a judgment entered in the occupier's absence. (4) Pursuant to rules 10.14(2) and 10.15(3), of the UCPR, personal service of the Statement of Claim taken to have been effected 24 hours after the steps in order 3 have been complied with. (5) Alternatively to order 4 above, pursuant to rules 10.14(3) and 10.15(4) of the UCPR, personal service of the Statement of Claim taken to have been effected 24 hours after the steps in order 3 have been complied with. Catchwords: PROCEDURE – Uniform Civil Procedure Rules 2005 (NSW) – that personal service of the statement of claim in the proceeding be dispensed with pursuant to UCPR r 10.14(1) – service dispensed according to the orders made – orders made Legislation Cited: Transport Legislation Amendment Act 2011 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: C88 Project Pty Limited (in liquidation) v The Occupier [2023] NSWSC 135 Category: Principal judgment Parties: Transport for New South Wales (Plaintiff) Representation: Counsel: K Nguyen (Plaintiff)