NSW Caselaw
New South Wales Supreme Court
CITATION : Northumbrian Ice Cream Co Ltd v Breakaway Vending Pty Ltd [2006] NSWSC 1216
HEARING DATE(S) : 21 September 2006
JUDGMENT DATE : 15 November 2006
JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
DECISION : Direction made for service of application for default judgment.
CATCHWORDS : Procedure – Default judgment – Service – Service by post – proof of service – requirements of affidavit of service by post – prudence of giving notice of application for default judgment.
LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW), r 16.3(1A)
Neville & Ashe, Equity Proceedings with Precedents (NSW), Butterworths, 1981, precedent 19(2) Court Forms Precedents & Pleadings (NSW), "Service of Process", precedents 40.5, 40.15. CASES CITED : Bushby v Mackenzie (1919) 19 SR (NSW) 104 Reid v Taylor (1929) 46 WN (NSW) 171 Emibarb Pty Ltd v Commonwealth Bank (NSWSC, Greenwood M, 2 March 1992
Northumbrian Ice Cream Company Ltd (first plaintiff) Impact Design Accessories Pty Ltd (second plaintiff) Kyloe Pty Ltd (third plaintiff) NICC International Pty Limited (fourth plaintiff) PARTIES : Robert Bruce Morpeth (fifth plaintiff) Therese Irene Morpeth (sixth plaintiff) Kevin James McCann (seventh plaintiff) Angela McCann (eighth plaintiff) Breakaway Vending Pty Ltd (first defendant) Steven John Lewis (second defendant)
FILE NUMBER(S) : SC 2242/06
COUNSEL : Mr L Gor (plaintiffs)
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