Hochroth v Milecki; Mann v Milecki; Naumburger v Milecki

The case before the court involved three separate plaintiffs, Hochroth, Mann, and Naumburger, who brought claims against a defendant, Milecki. The dispute pertained to the enforcement of substituted service of legal documents in civil proceedings. The matter was heard in the Supreme Court of New South Wales. The plaintiffs sought to serve legal documents on Milecki, who was believed to be evading service. They argued that the traditional methods of service were ineffective due to Milecki's attempts to avoid being served.

The court had to determine whether the plaintiffs were entitled to apply for substituted service under the rules of civil procedure. Specifically, the court needed to assess whether the plaintiffs had made sufficient efforts to serve Milecki personally and if there were grounds to believe that Milecki was deliberately evading service. The court also had to consider the appropriate method of substituted service, such as serving the documents on Milecki's next of kin or posting them to his last known address.

The court found that the plaintiffs had made reasonable attempts to serve Milecki personally and that there were sufficient grounds to believe that Milecki was avoiding service. The judge held that substituted service was permissible under the circumstances. The court granted the plaintiffs' applications for substituted service, allowing them to serve the documents by posting them to Milecki's last known address. This decision was based on the balance of convenience and the need to ensure that the legal process was not unduly delayed by Milecki's evasive conduct.

The court made orders permitting the plaintiffs to serve the originating processes by posting them to Milecki's last known address. The orders also specified the manner in which the substituted service was to be effected, ensuring that it complied with the relevant rules of court. The plaintiffs were directed to provide evidence of the service to the court within a specified timeframe.