AMP Bank Ltd v Hutt [2016] NSWSC 1672

Supreme Court New South Wales

Medium Neutral Citation: AMP Bank Ltd v Hutt [2016] NSWSC 1672 Hearing dates: 25 November 2016 Date of orders: 25 November 2016 Decision date: 25 November 2016 Jurisdiction: Common Law Before: Davies J Decision: 1. An order that personal service of the Statement of Claim on the Defendant pursuant to r 10.20(2)(a) of the UCPR be dispensed with.

2. An order pursuant to r 10.14 and 10.15 of the UCPR that a copy of the Statement of Claim, together with a copy of this order (collectively, Documents), be served on the Defendant by:

(a) sending a copy of the Documents by electronic mail to the Defendant to email address capebyronlodge@hotmail.com;

(b) sending a copy of the Documents by electronic mail to the Official Trustee, care of the Australian Financial Security Authority to email addresses Alisa.Buntine@afsa.gov.au and info@afsa.gov.au; and

(c) sending a copy of the Documents by pre-paid international post to 201 Stanyua Megumi, Sendagi, 2-11-24 1130022, Tokyo, Japan.

3. An order pursuant to r 10.14(2) of the Uniform Civil Procedure Rules 2005 (NSW) that the Statement of Claim be taken to have been served on the Defendant at the expiry of twenty one days after the later of the dates upon which order 2 is complied with.

Costs of Notice of Motion reserved. Catchwords: PROCEDURE – service of originating process – service outside Australia – claim for possession of land - where defendant bankrupt – where trustee does not oppose claim for possession – where defendant agrees to form of service proposed Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: ASIC v Sweeney (No. 2) (2001) NSWSC 477 Category: Procedural and other rulings Parties: AMP Bank Ltd (Plaintiff) David Jacob Hutt Representation: Counsel: M Youssef (Plaintiff) Ex parte