Zervas v Burkitt [2019] NSWCA 112

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Zervas v Burkitt [2019] NSWCA 112 Hearing dates: 13 May 2019 Decision date: 17 May 2019 Before: Gleeson JA Decision: (1) Leave be granted to the appellant under s 471B of the Corporations Act 2001 (Cth) nunc pro tunc to commence and proceed with the appeal against Ultimate Car Rentals Australia Pty Ltd (in liquidation).

(2) Leave be granted to the cross-appellant under s 471B of the Corporations Act 2001 (Cth) nunc pro tunc to commence and proceed with the cross-appeal against Ultimate Car Rentals Australia Pty Ltd (in liquidation).

(3) In lieu of personal service, service on the second respondent/third cross-respondent of the notice of appeal and the notice of cross-appeal and notice of contention respectively, together with any applicable notice pursuant to the Service and Execution of Process Act 1992 (Cth) to be effected in each case by:

(a) sending the documents to the second respondent/third cross-respondent by prepaid ordinary post addressed to Unit 4, 32 Millswyn Avenue, Hampton Park, Victoria, 3976;

(b) leaving a copy of the documents with a person apparently over the age of 16 years at Unit 4, 32 Millswyn Avenue, Hampton Park, Victoria, 3976 or if no such person is present, leaving the documents at that address.

(4) A copy of this order be served with the notice of appeal and notice of cross-appeal respectively.

(5) The notice of appeal and notice of cross-appeal to be respectively taken to have been served upon the second respondent/third cross-respondent on the expiry of seven days after the last of the dates upon which there has been compliance with orders 3(a) and 3(b).