Graves v West [2013] NSWSC 641

Supreme Court New South Wales

Medium Neutral Citation: Graves v West [2013] NSWSC 641 Hearing dates: 24 May 2013 Decision date: 24 May 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment for the Plaintiff with damages to be assessed. 2. Order that, upon filing of a Notice of Ceasing to Act by the Defendant's solicitor, service generally is taken to be effected when documents are forwarded to the Defendant via the following methods: (a) An email sent by the Plaintiff's legal representatives to the email address etwewest@hotmail.co.uk; or (b) An email sent by Lawrence John Graves from his Linked-ln account as a Linked-ln "In-Mail" to the Linked-ln account of Richard Ashley West. 3. A copy of this order be served on the Defendant in accordance with order 2 above and on the Defendant's solicitor within 7 days. 4. Defendant to pay the Plaintiff's costs of the Motion for summary judgment on an indemnity basis. 5. Defendant to pay Plaintiff's costs on the ordinary basis in relation to the Notice of Motion for substituted service. Catchwords: PROCEDURE - summary judgment - where no traverse of pleading concerning liability - judgment with damages to be assessed - substituted service - where solicitor ceases to act and has only an email address of party - service may be effected by email Legislation Cited: Uniform Civil Procedure Rules Category: Interlocutory applications Parties: James John Graves (Plaintiff) Richard West (Defendant) Representation: Counsel: P Macarounas (Plaintiff) No appearance (Defendant) Solicitors: Bradfield & Scott Lawyers (Plaintiff) Grahame W Howe & Co (Defendant) File Number(s): 2011/413315 & 2012/130062