| Carter Holt Harvey Woodproducts Australia Pty Ltd v David (VSC) - service - appeal against refusal to make substituted service order allowed |
| Summaries With Link (Five Minute Read) |
Carter Holt Harvey Woodproducts Australia Pty Ltd v David [2015] VSC 393
Supreme Court of Victoria
Bell J
Service - Associate Justice refused to make order for substituted service of writ and statement of claim upon first defendant - application made on summons was supported by evidence that first defendant might be in Ghana but had current connection with premises in Melbourne, was known to have email addresses and was represented in related proceeding by solicitors - summons had sought order for substituted service of court documents at premises and addresses and on solicitors - rr6.10, 7.03, 77.06 Supreme Court (General Civil Procedure) Rules 2005 (Vic) - held: evidence established it was impracticable to serve first defendant personally - steps proposed were very likely to bring court documents to first defendant’s attention - appeal allowed - substituted service order made.
Carter
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Snow flakes. (45)
BY EMILY DICKINSON
I counted till they danced so
Their slippers leaped the town –
And then I took a pencil
To note the rebels down –
And then they grew so jolly
I did resign the prig –
And ten of my once stately toes
Are marshalled for a jig!
Emily Dickinson |
