Event and Time
Event Description
- The plaintiff filed an amended summons on 11 January 2023, seeking the following:
- Amendments to timetabling orders made previously. - An extension of time for completion of mediation. - Confirmation of the trial date set for 2 February 2023.
- Supporting affidavits were submitted, including Arianna Lucinda Angelone's affidavit dated 13 January 2023 and Eustratia Stacey Patsias' affidavit dated 22 December 2022.
- The defendant, represented by solicitor Yeon Il Lee, opposed the summons with an affidavit sworn on 16 January 2023.
Application and Claims
- The focal dispute was whether the service of the Prescribed Information (Form 4) under section 28 LT of the Wrongs Act 1958 (Vic) was valid.
- The plaintiff contended that service was effectively done through email and post to the Chelsea Heights Hotel on 9 April 2021.
- The defendant argued that proper service should have been directed to its registered office, indicating that the documents were not received in a legally adequate manner.
Judicial Decisions
- The hearing occurred on 18 January 2023.
- The judge adjourned the hearing allowing the defendant to file a new summons and for both parties to submit written arguments by 20 January 2023.
- Ultimately, the court ruled that the documents enclosed in the correspondence sent to the hotel constituted valid service under section 28 LT of the Act.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Claims:
- Injured at the defendant's premises on 7 February 2020. - Served Prescribed Information to the hotel’s email and street address, fully complying with the Wrongs Act.
- Defendant's Opposition:
- The documents should have been served at the registered office as mandated under section 109X of the Corporations Act 2001 (Cth). - Asserts that sending to a hotel without confirmation of authority constitutes invalid service, resulting in late notice. - Claims procedural deficiencies led to significant prejudice against their ability to respond timely to the claim.