Mobis Parts Australia Pty Ltd v XL Insurance Company SE [2016] NSWSC 1357

Supreme Court New South Wales

Medium Neutral Citation: Mobis Parts Australia Pty Ltd v XL Insurance Company SE [2016] NSWSC 1357 Hearing dates: 16 September 2016 Date of orders: 16 September 2016 Decision date: 23 September 2016 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Order made pursuant to UCPR r 10.14(3) that service of the amended summons and amended commercial list statement be taken to have been effected on the third defendant on 25 July 2016. Catchwords: PRACTICE AND PROCEDURE – informal service – where third defendant not present in jurisdiction but had notice of proceedings – where service on third defendant permitted under UCPR Sch 6 – whether order can be made pursuant to UCPR r 10.14(3) for confirmation of informal service of summons and list statement effected on solicitors retained by third defendant –– where third defendant's solicitors did not have instructions to accept service but had sworn an affidavit making specific reference to particular paragraphs of the documents served Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Securities and Investments Commissions (ASIC) v Sweeney [2001] NSWSC 114 Bagg v Angus Carnegie Gordon as liquidator of Salfa Pty Limited (in liq) [2014] NSWCA 420 Building Insurers' Guarantee Corporation v Eddie [2008] NSWSC 195 Floth Pty Ltd v Bulseco [2015] NSWSC 2076 Laurie v Carroll (1958) 98 CLR 310; HCA 4 Mobis Parts Australia Pty Ltd v XL Insurance Company SE [2016] NSWSC 1170 Category: Procedural and other rulings Parties: Mobis Parts Australia Pty Ltd (Plaintiff/Applicant) XL Insurance Company SE (First Defendant/Respondent) AIG Europe Limited (Second Defendant) UNIQA Versicherungs AG (Third Defendant/Respondent) Representation: Counsel: T Mehigan (Plaintiff/Applicant) D S Weinberger (First Defendant/Respondent)