Modular Nominees Pty Ltd v Berrached [1999] FCA 237

FEDERAL COURT OF AUSTRALIA

Modular Nominees Pty Ltd v Berrached [1999] FCA 237

BANKRUPTCY- application for substituted service outside jurisdiction – application annexing draft bankruptcy notice – whether requirement to annex actual notice can be dispensed with – whether impractical to serve document in manner set out in Federal Court Rules.

Bankruptcy Regulations (1966) reg 16.01

Bankruptcy Rules O 77 r 12

Federal Court Rules O 1 r 8, 0 7 r 9

MODULAR NOMINEES PTY LTD V GHASSANE SALEM BERRACHED

W 7002 of 1999

R D NICHOLSON J

10 FEBRUARY 1999

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 7002 OF 1999

BETWEEN: MODULAR NOMINEES PTY LTD

Applicant

AND: GHASSANE SALEM BERRACHED

Respondent

JUDGE: R D NICHOLSON J

DATE OF ORDER: 10 FEBRUARY 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Personal service, and service pursuant to Regulation 16.01 of the Bankruptcy Regulations, of the Bankruptcy Notice issued on 20 January 1999 on the debtor respondent be dispensed with. 2. Service of a copy of the Bankruptcy Notice issued on 20 January 1999 and a copy of the order of this Court granting leave for substituted service duly sealed with the seal of this Court be served on the debtor respondent by sending them by pre-paid ordinary post addressed to the debtor respondent's solicitor on the record in action number 24878of 1997 in the Local Court, Perth in the State of Western Australia. 3. Pursuant to Order 1 rule 8 of the Federal Court Rules, strict compliance of Order 77 rule 12(2) of the Rules by the applicant be dispensed with. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 7002 OF 1999