Upper Hunter Shire Council v NSW Historic Sites and Railway Heritage Company Pty Ltd atf Hunter Valley Railway Trust [2026] NSWLEC 102 — Opposed By First Respondent — Barrister AI
Upper Hunter Shire Council v NSW Historic Sites and Railway Heritage Company Pty Ltd atf Hunter Valley Railway Trust
PROCEDURE: application for substituted service — opposed by first respondent — legal principles — orders for substituted service made.
PROCEDURE: application for leave to appear as agent — no compliance with r 7.7 of the Land and Environment Court Rules 2007 — no authority to appear as agent for either first respondent or director of first respondent or second respondent — leave refused.
Quick Take
1Substituted service under UCPR r 10.14 requires demonstration that personal service cannot practicably be effected, and that the proposed method is reasonably likely to bring the documents to the attention of the person to be served.
2Unsupported assertions by a related party about a respondent's medical condition, accompanied by inconsistent and non-candid evidence about the relationship with that respondent, carry little to no weight in opposing substituted service orders.
3An application for leave to appear as agent under s 63 of the Land and Environment Court Act 1979 requires compliance with r 7.7(1) of the Land and Environment Court Rules 2007; non-compliance is a basis for refusing leave.
