Brown; Ex parte Farlin Timbers Int Pty Ltd [1999] FCA 1786

FEDERAL COURT OF AUSTRALIA Brown; Ex parte Farlin Timbers Int Pty Ltd [1999] FCA 1786 BANKRUPTCY - application to dispense with personal service and serve the bankruptcy notice outside the jurisdiction.

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WAYNE BROWN; EX PARTE FARLIN TIMBERS INT PTY LTD NO Q 7406 OF 1999 COOPER J BRISBANE 15 OCTOBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q7406 OF 1999

BETWEEN: WAYNE BROWN

Applicant

AND: EX PARTE FARLIN TIMBERS INT PTY LTD

Respondent

JUDGE: COOPER J

DATE OF ORDER: 15 OCTOBER 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. Leave be granted to the applicant creditor to serve the bankruptcy notice out of Australia and that service be effected in Indonesia. 2. The time for compliance with the bankruptcy notice be fixed at forty-two days. 3. Personal service of the bankruptcy notice be disposed with. 4. A copy of the bankruptcy notice signed by the Official Receiver together with a sealed copy of this order be served on the Debtor (in a sealed envelope addressed to the Debtor) as follows : (a) By pre-paid registered post addressed to the Debtor at Mangala Wanabakti Building, Block IV, Lantai - 3,324/C, JL Gatot Subroto, Senayan, Jakarta. (b) By pre-paid registered post addressed to the solicitors for the Debtor, Luke Comino, at PO Box 2155, Tingalpa Qld 4173; and (c) By personal service on Maritta Brown at 17/16 Dellforest Mews, Dellforest Drive, Calamvale Qld 4116. 5. A notice in the form in the Schedule attached hereto be published in the Jakarta Post, a daily newspaper circulating in Jakarta, Indonesia. 6. The bankruptcy notice shall be deemed to be served upon the Debtor upon the expiration of seven (7) days from the date of the events referred to in paragraph 4 and 5, whichever occurs the latest. 7. Service in accordance with this order shall be deemed good and sufficient service of the bankruptcy notice upon the Debtor. 8. Pursuant to Order 1 rule 8 of the Federal Court Rules, strict compliance by the Applicant Creditor of Order 77 rule 12(3) of the rules be dispensed with. 9. The costs of and incidental to this application to be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.