Mothership Music Pty Ltd v Darren Ayre (trading as VIP Entertainment & Concepts Pty Ltd) and Flo Rida (also known as Tramar Dillar) [2012] NSWDC 42

District Court New South Wales

Medium Neutral Citation: Mothership Music Pty Ltd v Darren Ayre (trading as VIP Entertainment & Concepts Pty Ltd) and Flo Rida (also known as Tramar Dillar) [2012] NSWDC 42 Hearing dates: 18 April 2012 Decision date: 18 April 2012 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Grant leave to file in court an affidavit of Brent Remington Lean sworn 16 April 2012 and the affidavit of the process server, Mr Kryran O'Dwyer, sworn 16 April 2012. (2) Note the defendants called outside Court 13D, John Maddison Tower, District Court of New South Wales, three times at 2.13pm - no response. (3) The order made by this court on Friday 13 April 2012 be extended until the disposal of these proceedings, or further order. (4) An order that substituted service be effected on the second defendant by: (a) sending a copy of the Statement of Claim, Notice of Motion dated 13 April 2012, Affidavit of Stephanie Borg sworn 13 April 2012, Orders of Gibson DCJ dated 13 April 2012, together with a copy of this order, by email transmission to the recipients; and (b) sending a message to the second defendant via the provision to do so appearing on his Facebook page (referred to in the Affidavit of Stephanie Borg sworn 17 April 2012) to the following effect: "On Friday, 13 April 2012, Mothership Music Pty Ltd commenced proceedings against you in the District Court of New South Wales, Australia seeking damages for breach of contract in respect of your non-appearance on 22 October 2011 at the "Fat as Butter" Concert at Camp Shortland, The Foreshore Newcastle. In addition, the Court ordered that you do not diminish your assets in Australia below $80,000 and also made additional ancillary orders. These orders were renewed today together with an order that you may be served by the sending to you of this message by your Facebook page. Full details and copies of all relevant documents can be obtained by contacting Neville & Hourn Legal (Level 4, 162 Goulburn Street, Sydney NSW 2010 +61 2 9264 6888 Ref: Stephanie Borg or by email at stephanie.borg@nhlegal.com.au). If you do not file a defence to these proceedings within 28 days of service, the Court may enter judgment against you without any further notice to you." (5) Costs of this application and those of 13 April 2012 be reserved. (6) Matter stood over for further directions to Friday 15 June 2012 at 9:00am and direct the plaintiff to notify the defendant of the next return date in accordance with these orders. Catchwords: PRACTICE AND PROCEDURE - defendant leaves jurisdiction after proceedings commenced, but before service - application for substituted service on Facebook and by email Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 10.14 Cases Cited: ASIC v Sweeney (No 2) [2000] NSWSC 1211 Asteron Life Limited v Franck [2009] NZHC 450 Axe Market Gardens v Craig Axe (CIV: 2008-485-2676, High Court Wellington, 16 March 2009, Gendall A J) Bellingen Shire Council v Lamir-Pike [2010] NSWLEC 195 Byrne v Howard [2010] FMCAFAM 509 Facebook, Inc. v Callverse Pty Ltd [2008] AUDND 11 Gate Gourmet Australia Pty Ltd (in liq) v Gate Gourmet AG [2002] NSWSC 727 Specsavers Pty Ltd v Buyinvite Pty Ltd [2012] FCA 230 Tucker (a bankrupt), Re; Ex parte Tucker [1987] 1 WLR 928 Texts Cited: Sydney Morning Herald, "Australian court serves documents via Facebook" (Nick Abraham, 12 December 2008) Category: Procedural and other rulings Parties: Plaintiff: Mothership Music Pty Ltd First Defendant: Darren Ayre (trading as VIP Entertainment & Concepts Pty Ltd) Second Defendant: Flo Rida (also known as Tramar Dillar) Representation: Plaintiff: Mr J Sleight Plaintiff: Neville & Hourn Legal File Number(s): 2012/116306 Publication restriction: None