Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2007] FCA 124
PRACTICE AND PROCEDURE – Service out of the jurisdiction – substituted service – meaning of 'impractical" in Order 7 Rule 9 discussed HUMANE SOCIETY INTERNATIONAL INC v KYODO SENPAKU KAISHA LTD NSD 1519 OF 2004
ALLSOP J
16 FEBRUARY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1519 OF 2004
BETWEEN: HUMANE SOCIETY INTERNATIONAL INC
Applicant
AND: KYODO SENPAKU KAISHA LTD
Respondent
JUDGE: ALLSOP J DATE OF ORDER: 2 FEBRUARY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The applicant be permitted to serve the originating process on the respondent in Japan by: (a) serving the following documents on or before 1 April 2007: (i) copies in English of the amended application and the amended statement of claim; (ii) copies in Japanese of the amended application and the amended statement of claim; and (iii) a copy of this order in English and Japanese. (b) serving the documents referred to in 1(a) on the respondent by: (i) sending by registered post addressed to the managing director of the respondent at the following address, being the respondent's registered place of business: 4-5, Toyomi-cho, Chuo-ku, Tokyo, Japan; and (ii) serving the said documents at the respondent's registered place of business: 4-5, Toyomi-cho, Chuo-ku, Tokyo, Japan. 2. The return date for the amended application be vacated and leave be granted to amend it and it be amended to Tuesday 24 July 2007 at 9:30 am. 3. Costs of this motion be costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1519 OF 2004
BETWEEN: HUMANE SOCIETY INTERNATIONAL INC
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