Floth Pty Ltd v Ana Marie Gabila Bulseco [2015] NSWSC 2076

Supreme Court New South Wales

Medium Neutral Citation: Floth Pty Ltd v Ana Marie Gabila Bulseco [2015] NSWSC 2076 Hearing dates: 1 July 2015 Date of orders: 01 July 2015 Decision date: 01 July 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Default judgment entered against defendant; freezing orders extended. Catchwords: PRIVATE INTERNATIONAL LAW – jurisdiction – service of originating process – where proceedings purportedly initiated by notice of motion when defendant in jurisdiction – where defendant was outside jurisdiction when proceedings properly commenced by statement of claim – whether exception to personal service by substituted service in Laurie v Carroll (1958) 98 CLR 310 applies –commencement by motion an irregularity – availability of substituted service under extraterritorial jurisdiction in (NSW) Uniform Civil Procedure Rules 2005, sch 6 – held, statement of claim taken to have been properly served; PROCEDURE – judgments and orders – default judgment – where it appears on statement of claim that plaintiff is entitled to a liquidated sum – where plaintiff claims greater amount as damages – plaintiff required to elect between default judgment for liquidated sum or default judgment for damages to be assessed. Legislation Cited: (CTH) Corporations Act 2001, s 1317H (NSW) Uniform Civil Procedure Rules 2005, r 10.14(3), r 16.2, r 16.6, r 16.6(1), r.16.7(1), r 16.10, r 25.2, sch 6(a), sch 6(d), sch 6(e) Cases Cited: Laurie v Carroll (1958) 98 CLR 310 Category: Principal judgment Parties: Floth Py Limited ACN 002 869 007 (plaintiff) Ana Marie Gabila Bulseco (defendant) Representation: Counsel: A Abadee (plaintiff)