Steel Pty Ltd & Anor v Carbone [2016] NSWCATCD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Steel Pty Ltd & Anor v Carbone [2016] NSWCATCD 79 Hearing dates: 13 October 2016 Decision date: 21 October 2016 Jurisdiction: Consumer and Commercial Division Before: J Levingston, General Member Decision: 1. The Summons addressed to Moe Orfali dated 16 September 2016 is to be served on Mr Orfali by serving it on him by email at his email address [******]au.

2. A Copy of this Order and these Reasons are also to be served by email on Mr Orfali with the Summons.

3. The Applicants are to provide sworn proof of service of the Summons and these Orders by email in accordance with these Orders.

4. Upon the Applicants' proof of service the Summons is taken to have been served on Moe Orfali on the date of transmission by email. Catchwords: SUMMONS – application for substituted service – unsuccessful practical steps taken to serve – whether personal service required – order for substituted service of Summons Legislation Cited: Civil and Administrative Tribunal Act 2013 ss 48, 73 and 77 Civil and Administrative Tribunal Regulations 15 Civil and Administrative Tribunal Rules 2014 Rule 13, 15, 34 Civil Procedure Act s14 Electronic Transactions Act s13A NCAT Procedural Direction No 2 (Summonses) 7 February 2014 Uniform Civil Procedure Rules r10.4 Cases Cited: Atkinson v Crowley [2011] NSWCA 19 Ricegrowers Co-op Ltd & Anor v ABC Containerline NV & Ors [1996] FCA 1663; (1996) 138 ALR 480 Sleiman v Afeich & Anor [2005] NSWSC 992 Spencer v Bamber [2012] NSWCA 274 Category: Procedural and other rulings Parties: Steel Pty Ltd t/as Compass Pools Sydney, Central Coast & Central West and Craig George (applicants) Domenic Carbone (respondent) File Number(s): HB 16/03760 Publication restriction: Unrestricted