Workers Compensation Nominal Insurer v Republic of Lebanon [2018] NSWSC 857

Supreme Court New South Wales

Medium Neutral Citation: Workers Compensation Nominal Insurer v Republic of Lebanon [2018] NSWSC 857 Hearing dates: 4 June 2018 Date of orders: 04 June 2018 Decision date: 04 June 2018 Jurisdiction: Common Law Before: Fagan J Decision: 1. Pursuant to rr 18.2(b) and (c) of the Uniform Procedure Rules 2005 (NSW) the requirement to serve the notice of motion filed 15 May is dispensed with.

2. Pursuant to s 63(3)(a) of the Civil Procedure Act 2005 (NSW) and r 36.6(2)(b) of the Uniform Civil Procedure Rules 2005 (NSW) the order of the Court made on 15 September 2017 dismissing these proceedings under r 12.8 is set aside.

3. Pursuant to r 16.6 of the Uniform Civil Procedure Rules 2005 (NSW) there will be judgment for the plaintiff against defendant for the sum of $56,043.35 comprising principal debt, interest of $8,130.20 up to today's date and service fees and solicitors fees at scale.

4. I direct that my reasons for judgment and a copy of the orders taken out from the registry under seal be served on the defendant in accordance with s 28 of the Foreign States Immunities Act 1985 (Cth). Catchwords: CIVIL PROCEDURE – dismissal of proceedings – proceedings inactive for over 5 months as per Uniform Civil Procedure Rules 2005 (NSW) ("UCPR"), r 12.8(2) – application to set aside order dismissing proceedings – UCPR, r 36.16(2)(b) – where solicitors for plaintiff unaware of warning from court of impending dismissal – where defendant unresponsive to statement of claim served – prior order dismissing proceedings set aside

CIVIL PROCEDURE – service – notice of motion – application to dispense with requirement to serve – where defendant a foreign state, viz the Republic of Lebanon – where prior service of originating process previously effected in accordance with Foreign States Immunities Act 1985 (Cth) – where defendant unresponsive to service – where no appearance for defendant – application granted