NSW Caselaw
New South Wales Supreme Court
CITATION : Nash v Stewart [2010] NSWSC 513
HEARING DATE(S) : 21/05/10
JUDGMENT DATE : 24 May 2010
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 21 May 2010
DECISION : 1 I order that the time for service of a subpoena for attendance upon James Michael Douglass be abridged to 5 pm on 25 May 2010. 2 Otherwise, the notice of motion is dismissed.
CATCHWORDS : PROCEDURE - service - substituted service - subpoena to attend to give evidence - requirement for personal service - whether order for substituted service allowed by Uniform Civil Procedure Rules - whether statutory power to dispense with a requirement of the rules is exercisable so as to allow the court to make some other method of service effective
Children and Young Persons (Care and Protection) Act 1998, s 109E Civil Procedure Act 2005, ss 14, 56, 57, 58 Criminal Procedure Rules (repealed), rule 8(5) LEGISLATION CITED : Justices Act 1902 (repealed), s 100AP(4) Local Court Rule 2000 (repealed), Part 2, rule 11 Service and Execution of Process Act 1992 (Cth), s 60 Supreme Court Rules 1970. rule 37.3(1) Uniform Civil Procedure Rules 2005, rules 10.5, 10.14, 10.20(1), 10.21(1), 10.26, 33.5(1), 33.6(1), 33.6(3)
CATEGORY : Procedural and other rulings
In the Estate of Johanson (unreported, NSWSC, Powell J, 28 August 1992 CASES CITED : Registrar of the Court of Appeal v Maniam (No 1) (1991) 25 NSWLR 459 Sleiman v Afeich [2005] NSWSC 992
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