NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Fairfield City Council v Shabaa [2024] NSWLEC 134 Hearing dates: 5 December 2024 Date of orders: 5 December 2024 Decision date: 05 December 2024 Jurisdiction: Class 4 Before: Pepper J Decision: See orders at [20]. Catchwords: PRACTICE AND PROCEDURE — Application for substituted service of first respondent in Class 4 proceedings — whether Court should exercise its discretion to make order for substituted service —motion for substituted service granted — no orders for substituted service made in respect of second respondent because second respondent located overseas. Legislation Cited: Land and Environment Court Rules 2007, r 4.1 Uniform Civil Procedure Rules 2005, rr 10.14, 11.1, 11A.1, 11A.3, 18.2 Cases Cited: Hornsby Shire Council v Trives [2014] NSWLEC 41; (2014) 205 LGERA 241 Texts Cited: Perry Herzfeld SC and Thomas Prince SC, Interpretation (3rd ed, Lawbook Co, 2024) DC Pearce, Statutory Interpretation in Australia (10th ed, LexisNexis, 2024) Category: Procedural rulings Parties: Fairfield City Council (Applicant) Retha Shabaa (First Respondent) Haider Al Dhalimi (Second Respondent) Representation: Counsel: L Nurpuri (Applicant) No appearance (First and Second Respondents)
Solicitors: Steven Elias Shneider t/a Houstin Dearn O'Connor (Applicant) No appearance (First and Second Respondents) File Number(s): 2024/361283 Publication restriction: Nil
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