Capral Limited v DNV AS [2024] NSWSC 96

Supreme Court New South Wales

Medium Neutral Citation: Capral Limited v DNV AS [2024] NSWSC 96 Hearing dates: 2 February 2024 Date of orders: 14 February 2024 Decision date: 14 February 2024 Jurisdiction: Equity - Commercial List Before: Nixon J Decision: (1) Order that the Summons and Commercial List Statement be taken to have been served on the Defendant on 27 October 2023. (2) Otherwise, dismiss the notice of motion filed on 17 November 2023. (3) Order that the costs of the notice of motion filed on 17 November 2023 be the Plaintiff's costs in the cause. (4) Stand the matter over for directions on 23 February 2024. Catchwords: CIVIL PROCEDURE — Defendant outside Australia — Hague Convention — Originating process – Order for substituted service made – Whether to discharge substituted service order under UCPR r 11.6 or r 12.11 – Whether originating process could not be practicably served in the manner required by law, within meaning of UCPR r 10.14(1) – Whether 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 Defendant was aware of the proceedings – Orders made confirming service Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 59, 61 Federal Court Rules O 7, r 9 (repealed) Federal Court Rules 2011 (Cth) r 10.23, 10.48, 10.49 Uniform Civil Procedure Rules 2005 (NSW), rr 2.1, 10.14, 11.4, 11.6, 11.8AC, 11A, 11A.2, 11A.3 12.11, 42.1; Sch 6 Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Alstom Ltd v Sirakas [2010] NSWSC 669 Australian Securities and Investments Commission v Sweeney (No 2) [2001] NSWSC 477 Heenan (Receiver), in the matter of Ruby Apartments Pty Ltd (in liq) v Ralan Paradise No. 1 Pty Ltd (in liq) [2020] FCA 1878 Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2007] FCA 124 Independent Liquor & Gaming Authority v Melco Resorts & Entertainment Ltd [2022] NSWSC 294 Park v Tschannen (2016) 341 ALR 452 Re Sunnya Pty Ltd [2023] NSWSC 1104 Ricegrowers Co-operative Ltd v ABC Containerline NV (1996) 138 ALR 480 Texts Cited: Nil Category: Procedural rulings Parties: Capral Limited (Plaintiff) DNV AS (Defendant) Representation: Counsel: Mr J Hewitt SC with Mr H Fielder (Plaintiff) Mr T O'Brien with Mr H Rogers (Defendant)