Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Combis (Trustee) v Spottiswood [2011] FCA 1082 Citation: Combis (Trustee) v Spottiswood [2011] FCA 1082
Parties: NICK COMBIS AND PETER DINORIS AS TRUSTEES IN BANKRUPTCY OF THE ESTATE OF GRAHAM CLINTON CLEMENT SPOTTISWOOD (A BANKRUPT) v SUZANNE LESLEY SPOTTISWOOD
File number: QUD 223 of 2011
Judge: LOGAN J
Date of judgment: 16 September 2011
Catchwords: PRACTICE AND PROCEDURE – substituted and deemed service – whether service can be deemed after multiple unsuccessful attempts – where no evidence that documents came to the attention of respondent – where impracticable to personally serve respondent – substituted service ordered in lieu of deeming service
Legislation: Bankruptcy Act 1966 (Cth) s 139ZQ Federal Court Rules 2011 (Cth) r 10.23, r 10.24
Cases cited: Ricegrowers Co-Operative Ltd and Seatide Pty Ltd v ABC Containerline Nv, Med Containerline Antwerp Nv, Maritime Carriers Luxembourg SA and De Norske Bank (Luxemborg) SA [1996] FCA 1663 followed Scott V.-C, Adams, Bassett Cross et al, The Supreme Court Practice (The White Book) (Sweet and Maxwell, 1999) Vol 1 at pp 1291-1292
Date of hearing: 16 September 2011
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 18
Counsel for the Applicant: Mr GJ Handran
Solicitor for the Applicant: Tucker & Cowen Solicitors
Counsel for the Respondent: The respondent did not appear
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 223 of 2011
BETWEEN: NICK COMBIS AND PETER DINORIS AS TRUSTEES IN BANKRUPTCY OF THE ESTATE OF GRAHAM CLINTON CLEMENT SPOTTISWOOD (A BANKRUPT)
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