NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Hornsby Shire Council v Trives [2014] NSWLEC 41 Hearing dates: 15 and 16 April 2014 Decision date: 16 April 2014 Jurisdiction: Class 4 Before: Pepper J Decision: Orders 1, 3 and 4 of the orders made on 15 April 2014 be vacated. Catchwords: PROCEDURE: application for substituted service order - defendants overseas at time summons filed and application made - whether Court has jurisdiction to make order - whether Pt 11 of the Uniform Civil Procedure Rules 2005 applies to Court - whether Pt 11A of the Uniform Civil Procedure Rules 2005 applies - application dismissed. Legislation Cited: Land and Environment Court Act 1979, ss 16 to 21
Uniform Civil Procedure Rules 2005, r 10.14, Pt 11.1, 11.2, 11A, Sch 6 Cases Cited: Alstom Ltd v Sirakas [2010] NSWSC 669
Filipowski v Frey [2005] NSWLEC 661
Flo Rida v Mothership Music Pty Ltd [2013] NSWCA 268
Laurie v Carroll (1958) 98 CLR 310
National Parks and Wildlife Service v Stables Perisher Pty Ltd (1990) 20 NSWLR 573 Category: Interlocutory applications Parties: Hornsby Shire Council (Plaintiff) Simon Trives (First Defendant) Lachlan Bardo (Second Defendant) Jing Yan (Third Defendant) Representation: 15 April 2014 Mr J Johnson (Plaintiff) Mr I Woodward (First Defendant)
16 April 2014 Mr M Astill (Plaintiff) Storey & Gough (Plaintiff) Woodward Legal (First Defendant) N/A (Second Defendant) N/A (Third Defendant) File Number(s): 40125 of 2014
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