I Posted this on MZN in response to the writs being uploaded.
They can leave this open for 12 months and cast a shadow if they wish. I'm sure KDR will be looking at how they may be able to fight this but the longer it goes on then MZNs true intentions become knowon IMO.
It looks like MZN have their options open, quite correct that the writ is not activated until it is served on either KDR or their agent (lawyers).
A few things can play out according to the WA supreme court rules below, one being that this may never be served, games being played IMO
RULES OF THE SUPREME COURT 1971 - ORDER 9 RULE 1
1 . Service of writ, general provisions
(1) Subject to the provisions of any Act and these rules, a writ must be served personally on each defendant by the plaintiff or his agent.
(2) Where a defendant’s solicitor indorses on the writ a statement that he accepts service of the writ on behalf of that defendant, the writ shall be deemed to have been duly served on that defendant and to have been so served on the date on which the indorsement was made.
(3) Where a writ is not duly served on a defendant but he enters an unconditional appearance in the action begun by the writ, the writ shall be deemed to be duly served on him and to have been so served on the date on which he entered the appearance.
(4) Where a writ is duly served on a defendant otherwise than by virtue of subrule (2) or (3), then subject to Order 10 rule 9(9), unless within 3 days after service the person serving it indorses on the sealed copy of the writ the following particulars, that is to say, the day of the week and date on which it was served, where it was served, the person on whom it was served, and, where he is not the defendant, the capacity in which he was served, the plaintiff in the action begun by the writ shall not be entitled to enter final or interlocutory judgment against the defendant in default of appearance or in default of defence.
[Rule 1 amended in Gazette 28 Jun 2011 p. 2552.]
RULES OF THE SUPREME COURT 1971 - ORDER 9 RULE 2
2 . Service of writ as to contract on agent of principal who is outside WA
(1) Where the Court is satisfied on an ex parte application that —
(a) a contract has been entered into within the jurisdiction with or through an agent who is either an individual residing or carrying on business within the jurisdiction or a body corporate having a registered office or a place of business within the jurisdiction; and
(b) the principal for whom the agent was acting was at the time the contract was entered into and is at the time of the application neither such an individual nor such a body corporate; and
(c) at the time of the application either the agent’s authority has not been determined or he is still in business relations with his principal,
the Court may authorise service of a writ beginning an action relating to the contract to be effected on the agent instead of the principal.
(2) An order under this rule authorising service of a writ on a defendant’s agent must limit a time within which the defendant must enter an appearance.
(3) Where an order is made under this rule authorising service of a writ on a defendant’s agent, a copy of the order and of the writ must be sent by post to the defendant at his address out of the jurisdiction, if such address is known to the plaintiff.
RULES OF THE SUPREME COURT 1971 - ORDER 7 RULE 1
1 . Duration and renewal of writ
(1) For the purpose of service, a writ (other than a concurrent writ) is valid in the first instance for 12 months beginning with the date of its issue and a concurrent writ is valid in the first instance for the period of validity of the original writ which is unexpired at the date of issue of the concurrent writ.
(2) Where a writ has not been served on a defendant, the Court may by order extend the validity of the writ from time to time for such period, not exceeding 12 months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application is made to the Court before that day or such later day (if any) as the Court may allow.
(3) Before a writ, the validity of which has been extended under this rule, is served it must be marked with an official stamp showing the period for which the validity of the writ has been so extended.
(4) Where the validity of a writ is extended by order made under this rule, the order shall operate in relation to any other writ (whether original or concurrent) issued in the same action which has not been served so as to extend the validity of that other writ until the expiration of the period specified in the order.
Expand
