Isaacman v King [2024] NSWSC 1291

Supreme Court New South Wales

Medium Neutral Citation: Isaacman v King [2024] NSWSC 1291 Hearing dates: 12 August 2024 Date of orders: 18 October 2024 Decision date: 18 October 2024 Jurisdiction: Common Law Before: Garling J Decision: (1) Order, pursuant to Rule 6.6(2) of the Uniform Civil Procedure Rules 2005 ("UCPR") that these proceedings continue on pleadings. (2) Order, pursuant to Rule 6.6(3) of the UCPR that the plaintiff file and serve any proposed Statement of Claim on the defendant within 21 days of the date of this judgment. (3) Order, pursuant to Rule 10.6(1) of the UCPR that service of any Statement of Claim on the defendant is to occur in accordance with the defendant's agreement upon her solicitor, Rachael McKendrick or Robinson Gill, Lawyers, Box Hill, Victoria. (4) Order that the Amended Notice of Motion filed on 20 June 2024 be otherwise dismissed. (5) Order the plaintiff to bear his own costs of the proceedings to date. Catchwords: CIVIL PROCEDURE – Jurisdiction – Whether the Court has jurisdiction – Court has jurisdiction on the basis that the defendant was present in Australia when the Statement of Claim was filed. CIVIL PROCEDURE – Pleading – Form and content of pleading – Defects – Where plaintiff commenced proceedings using pseudonyms for the plaintiff and the defendant, without leave of the Court – Whether suppression and pseudonym orders should be made – Court not persuaded to make suppression and pseudonym orders. CIVIL PROCEDURE – Service – Personal service – Whether effected – Personal service was effected – No requirement for substituted service. Legislation Cited: Civil Procedure Act 2005 Court Suppression and Non‑Publication Orders Act 2010 Rules of the Supreme Court 1971 Service and Execution of Process Act 1992 (Cth) Supreme Court Act 1935 (WA) Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Commissioner of the Australian Federal Police v Zhao [2015] HCA 5; (2015) 255 CLR 46 DRJ v Commissioner of Victims Rights [2020] NSWCA 136 HT v The Queen [2019] HCA 40; (2019) 93 ALJR 1307 Laurie v Carroll (1957) 98 CLR 310 Rinehart v Welker [2011] NSWCA 403; (2011) 93 NSWLR 311 Rinehart v Welker [2011] NSWCA 403; (2011) 93 NSWLR 311 TK v Australian Red Cross Society (1989) 1 WAR 335 Texts Cited: Dicey: Conflict of Laws 6th ed (1949) Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, American Psychiatric Association Category: Principal judgment Parties: Steven Isaacman (P) Meaghan King (D) Representation: Counsel: W R Chan Ex Parte