Caason Investments Pty Limited v Cao [2012] FCA 1502

FEDERAL COURT OF AUSTRALIA

Caason Investments Pty Limited v Cao [2012] FCA 1502 Citation: Caason Investments Pty Limited v Cao [2012] FCA 1502

Parties: CAASON INVESTMENTS PTY LIMITED v SIMON XIAO FAN CAO, CHARLES MAO, LARRY MARSHALL, GEORGE SYCIP, JI RAN LAURIE KAN, IAN RICHARD NEAL and ANTHONY JOHN SURTEES

File number: NSD 1558 of 2012

Judge: EMMETT J

Date of judgment: 18 December 2012

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth), Part IVA Federal Court Rules 2011 (Cth) rr 10.42, 10.43

Date of hearing: 18 December 2012

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 8

Counsel for the applicant: EAJ Hyde

Solicitor for the applicant: Piper Alderman

Counsel for the respondents: The respondents did not appear

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1558 of 2012

BETWEEN: CAASON INVESTMENTS PTY LIMITED

Applicant

AND: SIMON ZIAO FAN CAO

First Respondent

CHARLES MAO

Second Respondent

LARRY MARSHALL

Third Respondent

GEORGE SYCIP

Fourth Respondent

JI RAN LAURIE KAN

Fifth Respondent

IAN RICHARD NEAL

Sixth Respondent

ANTHONY JOHN SURTEES

Seventh Respondent

JUDGE: EMMETT J DATE OF ORDER: 18 DECEMBER 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. This application be heard instanter. 2. Pursuant to rules 10.42, 10.43 and 10.44 of the Federal Court Rules 2011 (Cth): a. Leave be granted to the Applicant to serve the Originating Application, Statement of Claim, Genuine Steps Statement, this Interlocutory Application and the affidavit of Amanda Kim Banton sworn on 17 December 2012 (collectively, the Documents) on the First Respondent in the United States of America by making an application for a request for service of the Documents to the Registrar, in the Registrar's capacity as a forwarding authority under the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. b. Leave be granted to the Applicant to serve the Documents on the Second Respondent in the United States of America by making an application for a request for service of the Documents to the Registrar, in the Registrar's capacity as a forwarding authority under the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. c. Leave be granted to the Applicant to serve the Documents on the Third Respondent in the United States of America by making an application for a request for service of the Documents to the Registrar, in the Registrar's capacity as a forwarding authority under the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. d. Leave be granted to the Applicant to serve the Documents on the Fourth Respondent in the United States of America by making an application for a request for service of the Documents to the Registrar, in the Registrar's capacity as a forwarding authority under the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. e. Leave be granted to the applicant to serve the Documents on the Fifth Respondent in the Special Administrative Region of Hong Kong, the People's Republic of China, by making an application for a request for service of the Documents to the Registrar, in the Registrar's capacity as a forwarding authority under the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. THE COURT DIRECTS 3. The applicant to notify all respondents of the return date of Friday, 22 February 2013 at 9:30 am for first directions. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.