Ovari v Ovari - [2025] ACTSC 302

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	Ovari v Ovari
Citation:	[2025] ACTSC 302
Hearing Date:	2 August 2024; 9 August 2024
Decision Date:	9 August 2024
Reasons Date:	16 July 2025
Before:	Loukas-Karlsson J
Decision:	See [123]
Catchwords:	PRACTICE AND PROCEDURE – SERVICE AND EXECUTION OF PROCESS – application for substituted service and informal service – whether impracticable to effect personal service – whether alternative reasonably likely to bring document to awareness of defendants – multiple attempts to serve defendants by email and process server
Legislation Cited:	Court Procedures Act 2004 (ACT), s 5A Court Procedures Rules 2006 (ACT), rr 261, 700, 6460, 6461 Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited:	Alstom Ltd v Sirakas [2010] NSWSC 669 Amos Removals & Storage Pty Ltd v Small [1981] 2 NSWLR 525 Attorney General for Western Australia v Lashansky [2014] WASC 42 Bradvica v Radulovic [1975] VR 434 Breust v Anderson [2024] ACTSC 182 Deputy Commissioner of Taxation v Cooney [2004] QDC 478 Foris GFS Australia Pty Ltd v Manivel [2022] VSC 482; 67 VR 561 Foxe v Brown (1984) 59 ALJR 186 Kaney v Rushton [2017] ACTSC 11 Miscamble v Phillips and Hoeflich (No 2) [1936] St R Qd 136; 10 ALJR 112 Munkarra v Fischer (1980) 5 NTR 3; 49 FLR 92 Ovari v Ovari [2025] ACTSC 63 Stowe Australia Pty Ltd v Denham Constructions Project Company 810 Pty Ltd [2014] ACTSC 402 Vista Capital Developments Pty Ltd v Talmarc Pty Ltd [2008] NSWSC 935 WFM Motors Pty Ltd v Maydwell (Supreme Court (NSW), Bryson J, 23 April 1993, unrep)
Parties:	Attila Francis Ovari ( Plaintiff) Anna Gabriella Ovari ( First Defendant) Zoltan Laszlo Ovari (Second Defendant) Telstra Corporation Ltd (ACN 051 775 556) (Third Defendant)
Representation:	Counsel A Costin ( Plaintiff) No appearance ( First and Second Defendant) No appearance (Third Defendant)
Solicitors Elringtons Lawyers ( Plaintiff) No appearance ( First and Second Defendant) No appearance (Third Defendant)
File Number:	SC 192 of 2024

LOUKAS-KARLSSON J:

Introduction

1․On 9 August 2024 I made certain orders. At that time, I indicated that reasons were reserved. The reasons now follow.
2․It is important that I note at the outset the following:
(a)Two matters, SC 192 of 2024 and ES 1 of 2024 were both listed before me on 2 August 2024 and 9 August 2024.
(b)Ms Anna Ovari and Mr Zoltan Ovari (the first and second defendants) underlined that they appeared in court only in relation to ES 1 of 2024.
(c)Therefore, there was no formal appearance by the first or second defendant in SC 192 of 2024, that is, the matter which is the subject of this judgment.
(d)Nevertheless, the first defendant and the second defendant made a number of submissions informally in the courtroom in relation to SC 192 of 2024, despite their non-appearance in that matter.

3․This is an application by Mr Attila Francis Ovari (the plaintiff) dated 22 July 2024 for an order for informal service and substituted service against the first…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Ovari v Ovari

Details

AGLC: Ovari v Ovari [2025] ACTSC 302
Case: [2025] ACTSC 302
Decision Date: 9 August 2024

CaseChat Overview and Summary

The case of Ovari v Ovari involved the applicants seeking substituted service of originating process against the respondents. The dispute arose in the Family Court of Australia, where the applicants sought to enforce their rights under the Family Law Act 1975. The primary issue before the court was whether it was impracticable to effect personal service on the respondents and whether alternative methods of service were reasonably likely to bring the documents to the respondents' attention.

The applicants had made numerous attempts to serve the respondents personally, including through email and a process server, all of which had failed. The applicants argued that due to the respondents' unavailability and refusal to accept service, it was impracticable to serve the originating process personally. They further contended that informal service by email or leaving copies at the respondents' last known address was reasonably likely to inform the respondents of the proceedings. The respondents, however, opposed the application, contending that the applicants had not made sufficient efforts to locate them and that service by email was unreliable.

The court found that the applicants had indeed made substantial efforts to serve the respondents personally and that it was impracticable to do so. The court further determined that service by email, given the respondents' known email addresses and past communications, was reasonably likely to bring the documents to their attention. The court concluded that the application for substituted service should be granted, as the alternative methods proposed were the most effective means available to ensure the respondents were properly served.

Orders

Orders of the court

See [123]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.