Flo Rida v Mothership Music Pty Ltd [2013] NSWCA 268

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Flo Rida v Mothership Music Pty Ltd [2013] NSWCA 268 Hearing dates: 3 June 2013 Decision date: 20 August 2013 Before: Macfarlan JA at [1] Ward JA at [40] Gleeson JA at [41] Decision: (1) Appeal allowed. (2) Orders made on 18 April 2012 set aside. (3) Judgment entered against the appellant on 3 August 2012 set aside. (4) Orders made on 3 August 2012 set aside. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - service of originating process - breach of contract proceedings commenced in District Court - District Court territorial jurisdiction based on due service - District Court originating process cannot be served outside Australia - defendant resided overseas but was temporarily in Australia - order for substituted service made the day before defendant due to leave Australia - whether order properly made Legislation Cited: District Court Act 1973 Interpretation Act 1987 Service and Execution of Process Act 1992 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Arhill Pty Ltd v General Terminal Company Pty Ltd (1990) 23 NSWLR 545 Asic v Sweeney (No 2) [2001] NSWSC 477; 38 ACSR 743 Chappell v Coyle [1985] 2 NSWLR 73 Falls Creek Ski Lifts Pty Ltd v Yee (1995) 37 NSWLR 344 Filipowski v Frey [2005] NSWLEC 166 Laurie v Carroll [1958] HCA 4; 98 CLR 310 Mondial Trading Pty Ltd v Interocean Marine Transport Inc (1985) 60 ALJR 277 Siskina v Distos Compania Naviera SA [1979] AC 210 Studorp Ltd v Robinson [2012] NSWCA 382 Category: Principal judgment Parties: Flo Rida (also known as Tramar Dillard) (Appellant) Mothership Music Pty Ltd (First Respondent) Darren Ayre (trading as VIP Entertainment & Concepts Pty Ltd) (Second Respondent) Representation: Counsel: N Furlan (Appellant) J Sleight/C Mulvey (First Respondent) No appearance (Second Respondent) Solicitors: Kliger Partners (Appellant) Neville & Hourn Legal (First Respondent) No appearance (Second Respondent) File Number(s): CA 2012/270469 Decision under appeal Jurisdiction: 9101 Citation: Mothership Music Pty Ltd v Darren Ayre (trading as VIP Entertainment & Concepts Pty Ltd) and Flo Rida (also known as Tramar Dillard) (No 2) [2012] NSWDC 111 Date of Decision: 2012-08-03 00:00:00 Before: Gibson DCJ File Number(s): 2012/1163306