Commonwealth Bank of Australia v Munro and Anor [2010] NSWSC 1066

New South Wales Supreme Court

CITATION : Commonwealth Bank of Australia v Munro and Anor [2010] NSWSC 1066

HEARING DATE(S) : 16 September 2010

JUDGMENT DATE : 17 September 2010

JUDGMENT OF : Schmidt J

DECISION : 1. Order under Rule 10.14(3) that the statement of claim be taken to have been served on the first defendant on 25 April 2009, that being 7 days after the claim was served on the occupiers at the Oyster Bay property. 2. The plaintiff is to bear the second defendant's costs of the motion.

CATCHWORDS : PROCEDURE - Supreme Court procedure - New South Wales - notice of motion - orders sought pursuant to Part 10.14 of the Uniform Procedure Rules 2005 - substituted and informal service - unsuccessful attempts to locate first defendant - first defendant had admitted receipt of statement of claim - order made under Rule 10.14(3) of the Uniform Procedure Rules - costs - plaintiff to bear the second defendant's costs of the motion

Australian Securities and Investments Commission Act 2001 Civil Procedure Act 2005 LEGISLATION CITED : Contracts Review Act 1980 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005

CATEGORY : Procedural and other rulings

Commonwealth Bank of Australia - Plaintiff PARTIES : Terance Ronald Munro - First Defendant Loretta Laura Buccollero - Second Defendant

FILE NUMBER(S) : SC 2009/293782

COUNSEL : Mr S Aspinall - Plaintiff Ms SK Hill - Second Defendant

SOLICITORS : Henry Davis York - Plaintiff Clamenz Corporate Lawyers - Second Defendant

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