DISTRICT COURT ACT 1973 - SECT 47
Cause of action or defendant outside the State
DISTRICT COURT ACT 1973 - SECT 47
Cause of action or defendant outside the State
47 Cause of action or defendant outside the State
(1) If a defendant has been duly served with the document commencing an
action-- (a) the Court has jurisdiction in accordance with this Act to hear
and dispose of the action, and
(b) a registrar has and may exercise-- (i) if
the action involves proceedings to which the Civil Procedure Act 2005 applies,
the functions conferred on the registrar pursuant to section 12 or 13 of that
Act, or
(ii) in any other case, the functions prescribed by the
civil procedure rules,
regardless of whether the cause of action to which the
action relates arose wholly or partly outside New South Wales.
(2) For the
purposes of subsection (1), it is immaterial whether the defendant was within
or outside New South Wales-- (a) at the time the cause of action arose, or
(b) at the time of service of the document commencing the action.
(3) For the
purposes of this section, a defendant is duly served with a document
commencing an action if the defendant is served with the document by or under
this Act or in accordance with the Service and Execution of Process Act 1992
of the Commonwealth.
(4) In this section,
"defendant" includes, if there are two or more defendants, any one of those
defendants.
