Independent Liquor and Gaming Authority v Melco Resorts and Entertainment Limited

Case

[2022] NSWSC 294

18 March 2022


Details
AGLC Case Decision Date
Independent Liquor and Gaming Authority v Melco Resorts and Entertainment Limited [2022] NSWSC 294 [2022] NSWSC 294 18 March 2022

CaseChat Overview and Summary

The case before the court involved a dispute between the Independent Liquor and Gaming Authority (the plaintiff) and Melco Resorts and Entertainment Limited (the defendant). The plaintiff sought to enforce a compliance notice against the defendant in relation to liquor licensing matters. The primary issue was whether the service of the originating process was valid when the defendant had recently changed its address and whether the court should make an order under UCPR r 10.14(3) confirming service or under UCPR r 2.1 dispensing with the requirements of the rules relating to service.

The court examined the procedural steps taken by the plaintiff to serve the originating process on the defendant. The defendant had recently changed its address, and the plaintiff had attempted service by sending the documents to the new address. The court assessed whether the Hague Convention was applicable and whether the service was in accordance with the Hague Convention. The court also considered the defendant's awareness of the proceedings and whether the defendant had an opportunity to challenge the validity of the service.

The court concluded that the service of the originating process was valid under the Hague Convention and that the defendant had sufficient notice of the proceedings. The court found that the plaintiff had taken reasonable steps to serve the originating process on the defendant. The court also determined that the defendant had an opportunity to challenge the validity of the service but had not done so. Based on these findings, the court made an order under UCPR r 10.14(3) confirming the service and proceeded with the case.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Jurisdiction

  • Service of Process

  • Hague Convention

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

12

Cases Cited

2

Statutory Material Cited

6

ASIC v Sweeney (No 2) [2001] NSWSC 477
Ho v Powell [2001] NSWCA 168
Ho v Powell [2001] NSWCA 168