Mercator Property Consultants Pty Ltd v Christmas Island Resort Pty Ltd & Ors [1998] FCA 1150

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE - service of process outside Australia - convention and non‑convention countries - whether service through diplomatic channels practical - whether substituted service can be ordered where compliance with Federal Court Rules impractical - method of service. Federal Court Rules, O 7 r 9, O 8, 20(1), O 26 r1(1), O 71 r 5(1) Corporations Law s 260(1)(a)(i) MERCATOR PROPERTY CONSULTANTS PTY LTD (ACN 008 737 022) v CHRISTMAS ISLAND RESORT PTY LTD (ACN 009 160 123) AND ORS WG 3017 of 1998 R D NICHOLSON J PERTH 14 JULY 1998

GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA

Western Australia DISTRICT REGISTRY WG 3017 of 1998

BETWEEN: mercator property consultants pty ltd

(acn 008 737 022)

Applicant

AND: chriStmas island resort pty ltd

(acn 009 160 123)

First Respondent

ROBBY SUMAMPOW, JOKKY HIDAYAT,

KWIK SOEN HOEK and HERMAN TJAHAJDI GANI

Second Respondents

JUDGE: r d nicholson j

DATE OF ORDER: 14 JULY 1998

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Service on the First, Second and Fourth named second respondents out of the jurisdiction is to be effected as follows and leave is so given: (a) Serving upon the firm of Messrs Corser & Corser, Barristers & Solicitors of First Floor, Septimus Roe Square, 256 Adelaide Terrace, Perth WA 6000 copies of: (i) Application for final orders pursuant to O 71 r 5(1) Federal Court Rules, dated 3 July 1998; (ii) Notice of motion pursuant to O 26 r 1(1) Federal Court Rules, dated 3 July 1998; (iii) Affidavit of Francis Philip Wodmore, sworn 3 July 1998; (iv) Affidavit of Francis Philip Wodmore, sworn 9 July 1998; (v) Affidavit of Francis Philip Wodmore, sworn 9 July 1998; (vi) Applicants Minute of Proposed Orders, dated 3 July 1998; (vii) Affidavit of Derek Henry Schapper, sworn 9 July 1998; (viii) Affidavit of Francis Philip Wodmore, sworn 10 July 1998; (ix) Affidavit of Michael John McPhee, sworn 10 July 1998; (x) A copy of this order; (xi) Affidavit of Francis Philip Wodmore, sworn 13 July 1998; (xii) Affidavit of Claire Alexandra Rose Whisker, sworn 14 July 1998. (a1) delivering by a private agent to each of the first and second named second respondents at their addresses on the ASC record the documents listed in paragraph (a) in an envelope marked "urgent" or alternatively personal service at such addresses. (b) advising, by facsimile message PricewaterhouseCoopers in Cairns of the amorementioned service on Corser & Corser; (c) requesting Pricewaterhouse Coopers to advise its instructing director of Christmas Island Resort Pty Ltd that the aforemented service has been effected upon Corser & Corser; (d) advising Mr Herman Gani, by the facsimile number stated in the affidavit of Francis Philip Woodmore sworn 10 July 1998, that the aforementioned service has been effected upon Corser & Corser and that PricewaterhouseCoopers have been advised of that in accordance with par (b). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.