Willmott v Adamo [2024] NSWSC 682

Supreme Court New South Wales

Medium Neutral Citation: Willmott v Adamo [2024] NSWSC 682 Hearing dates: 15 May 2024 Date of orders: 05 June 2024 Decision date: 05 June 2024 Jurisdiction: Common Law Before: Cavanagh J Decision: See [82] Catchwords: CIVIL PROCEDURE – service outside Australia – application for leave to proceed and default judgment against the fourth defendant – whether the fourth defendant validly served with the statement of claim – where the fourth defendant is a dissolved company formerly registered in the United States of America – where the plaintiff relies upon UCPR pts 11, 11A and the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters – whether the plaintiff is able to rely upon pt 11A in circumstances where the originating process was not served pursuant to a request by the Registrar of this Court – whether the fourth defendant was served in accordance with New Hampshire law – whether the requirement to serve a notice in accordance with r 11.7 of the UCPR should be dispensed with – whether the fourth defendant's dissolved status prevents the plaintiff from proceeding against it Legislation Cited: Australian Consumer Law, ss 138, 271, 272 Uniform Civil Procedure Rules 2005 (NSW), rr 11.4, 11.5, 11.7, 11.8AA, 11.8AB, 11.8AC, 11A.4, 11A.5, 11A.6, 11A.8, sch 6 Cases Cited: Agar v Hyde (2000) 201 CLR 552 Bingley-Pullen v Montgomery [2018] NSWSC 1308 Hutchinson v AD Securities America LLC [2021] NSWSC 1573 Maloney v The Queen (2013) 252 CLR 168 Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Nitro Circus Touring Australia Pty Ltd v Lenzoni [2016] NSWSC 178 Rossiter v Core Mining Limited [2015] NSWSC 360 Texts Cited: Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (1965), art 10 New Hampshire Revised Statutes, §304C:5, §304-C:37, §304C:137, §304-C:144, §510:2, §510:13 New Hampshire Supreme Court Rules, r 26 Category: Procedural rulings Parties: Claire Willmott (Plaintiff) Shona Adamo (First Defendant) Matthew Adamo (Second Defendant) Runstar Pty Ltd t/as Peppertown Gold Coast (Third Defendant) Alien Flier LLC (Fourth Defendant) Representation: Counsel: JC Sheller SC and B Julienne (Plaintiff)