Kirwan v Schurig [2014] NSWDC 222

District Court New South Wales

Medium Neutral Citation: Kirwan v Schurig [2014] NSWDC 222 Hearing dates: 29 August 2014 Decision date: 29 August 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Pursuant to Rule 10.14 UCPR an order that, instead of personal service, the Statement of Claim filed on 28 July 2014 be served on the defendant by: (a) Email at the email address [email address]; and (b) Delivering a copy to [postal address] and affixing it to the front door at that address, or if that is not possible, in the letterbox at that address. (2) Time for service of the Statement of Claim be extended until 4pm on 5 September 2014. (3) The defendant to file and serve a defence on or before 3 October 2014. (4) The plaintiff to file and serve any reply on or before 15 October 2014. (5) The matter be listed for further directions at 9:30am on 17 October 2014. (6) The plaintiff to notify the defendant of these orders in the manner set out in paragraph 1 above by the time set out in paragraph 2. Catchwords: PRACTICE AND PROCEDURE - application for substituted service - suitability of substituted service by electronic means such as by email or social media - evidence defendant avoiding service - application for substituted service granted Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 6.2(4) and 10.14 Cases Cited: Flo Rida (aka Tramar Dillard) v Mothership Music Pty Ltd [2013] NSWCA 268 Ritson v Burns [2014] NSWSC 272 Royal Society for the Prevention of Cruelty to Animals, New South Wales v Davies [2011] NSWSC 1445 Zwambila v Wafawarova [2014] ACTSC 73 Texts Cited: - Category: Interlocutory applications Parties: Plaintiff: David Kirwan Defendant: Jacqueline Schurig Representation: Plaintiff: Ms S Chrysanthou Defendant: No appearance Plaintiff: Stevens Vuaran Lawyers Defendant: No appearance File Number(s): 2014/221788 Publication restriction: None