47Cause of action or defendant outside the State

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.

s 47: Am 1975 No 77, sec 4; 1984 No 170, Schs 3 (16), 8 (6); 1994 No 32, Sch 3. Subst 1998 No 172, Sch 1 [1]. Am 2005 No 28, Sch 5.12 [16].