Cochran v Sutton [2014] NSWCA 185

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cochran v Sutton [2014] NSWCA 185 Hearing dates: 5 June 2014 Decision date: 05 June 2014 Before: Bathurst CJ at [1]; Basten JA at [2]; Ward JA at [21] Decision: (1) Grant the applicant leave to appeal with respect to the judgment and orders of the Industrial Court of 5 December 2013. (2) Set aside the orders of that Court dismissing the applicant's notice of motion and ordering that he pay Ms Sutton's costs of the motion. (3) In place thereof, order that: (a) the order of 21 October 2013 directing substituted service on the applicant of the first respondent's notice of motion filed on 15 May 2013 be set aside; (b) declare that the Industrial Court is not able to authorise the service of originating process of the Court outside Australia; (c) order the first respondent to pay the appellant's costs in the Industrial Court. (4) Order that the first respondent pay the applicant's costs in this Court. (5) Grant the first respondent a certificate under the Suitors' Fund Act 1951 (NSW) with respect to her costs in this Court. [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: JURISDICTION - service outside jurisdiction - whether jurisdiction of the Industrial Court permits service of its originating process outside Australia - substituted service unavailable where personal service not permitted - Industrial Relations Act 1996 (NSW), s 162(2)(f) - Uniform Civil Procedure Rules 2005 (NSW), rr 1.5, 11.1(1)